Hendy v. Golden State & Miners' Iron Works - 127 U.S. 370 (1888)

U.S. Supreme Court

Hendy v. Golden State & Miners' Iron Works, 127 U.S. 370 (1888)

Hendy v. Golden State and Miners' Iron Works

No. 278

Submitted May 3, 1888

Decided May 14, 1888

127 U.S. 370

APPEAL FROM THE CIRCUIT COURT OF THE UNITED

STATES FOR THE DISTRICT OF CALIFORNIA

Syllabus

Claim 1 of letters patent No. 140,250 granted to James D. Cusenbary and James A. Mars, June 24, 1873, for an "improvement in ore stamp feeders," namely, "The feeding cylinder I, mounted upon the movable timber H H, substantially as and for the purpose above described," is a claim only for making the timbers movable by mounting them upon rollers, and does not involve a patentable invention.

The defense of nonpatentability can be availed of without setting it up in an answer.