Mathews v. Machine Company
105 U.S. 54

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U.S. Supreme Court

Mathews v. Machine Company, 105 U.S. 54 (1881)

Mathews v. Machine Company

105 U.S. 54

Syllabus

1. Letters patent No. 4887, bearing date April 30, 1872, granted to Washburn Race and S. R. C. Mathews for an improvement in hydrants, being a reissue of letters No. 19,206, dated Jan. 26, 1858, are void inasmuch as, by claiming the elements of the invention separately and not as a combination which is claimed in the original letters, they enlarge the scope of the latter, and they also cover a different invention. Miller v. Brass Company,104 U. S. 350, cited and approved.

2. Letters patent No. 96,959, bearing date Nov. 16, 1869, granted to said Race and Mathews for an improvement in hydrants, are also void, as they embrace matters previously known and in public use.

The facts are stated in the opinion of the Court.

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