Plummer v. Sargent - 120 U.S. 442 (1887)


U.S. Supreme Court

Plummer v. Sargent, 120 U.S. 442 (1887)

Plummer v. Sargent

Argued January 10-11, 1887

Decided March 7, 1887

120 U.S. 442

Syllabus

The reissued letters patent No. 2355, dated September 11, 1866, granted to the Tucker Manufacturing Company as assignee of Hiram Tucker, for

Page 120 U. S. 443

au improved process of bronzing or coloring iron, and No. 2356 of like date and grantee for the product resulting from that process, are in fact for but one invention, and the new article of manufacture called Tucker bronze is a product which results from the use of the process described in the patent, and not one which may be produced in any other way, and they are not infringed by the manufacture, by the defendants, by the different process used by them, of an article which cannot be distinguished by mere inspection from Tucker bronze.

This was a bill in equity to restrain the infringement of letters patent. Decree that the bill be dismissed, from which the complainant appealed. The case is stated in the opinion of the Court.



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