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FLORSHEIM V. SCHILLING, 137 U. S. 64 (1890)

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U.S. Supreme Court

Florsheim v. Schilling, 137 U.S. 64 (1890)

Florsheim v. Schilling

No. 23

Argued October 21-22, 1890

Decided November 10, 1890

137 U.S. 64

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE NORTHERN DISTRICT OF ILLINOIS

Syllabus

The claims in letters patent No. 238,100 granted to Simon Florsheim and Thomas H. Ball, February 22, 1881, for "an improvement in corsets," and claims 1 and 2 in letters patent No. 238,101 granted to the same grantees on the same day for "an improvement in elastic gores, gussets, and sections for wearing apparel," are invalid by reason of their long prior use as inventions secured by patents which cover every feature described in those claims, and the combination of those features in No. 238, 100 is not a patentable invention.

The substitution in a manufactured article of one material for another, not involving change of method or developing novelty of use, is not necessarily a patentable invention, even though it may result in a superior article.


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