Roemer v. Simon
95 U.S. 214 (1877)

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U.S. Supreme Court

Roemer v. Simon, 95 U.S. 214 (1877)

Roemer v. Simon

95 U.S. 214

Syllabus

1. Letters patent No. 66,801, issued July 31, 1866, to William Roomer, for an improvement in traveling bags, cannot be sustained, as the thing patented was, before his alleged invention, known and extensively used by others in this country.

2. Where, after setting up the defense of prior knowledge and use of the thing patented, and giving the names and residences of witnesses intended to be called to prove the defense, the answer to a bill for the infringement of letters patent alleges that the names and residences of certain other witnesses are unknown to the defendant, and prays leave to insert and set forth in the answer such names and residences when they shall be discovered, it is competent for the court to allow, upon such discovery, the amendment to be made nunc pro tunc.

This is a suit by William Roemer against the appellee for the infringement of letters patent No. 56,801, granted to him July 31, 1866, for an improvement in traveling bags.

The answer set up among the defenses the want of novelty of the improvement, and the knowledge and use of it prior to the alleged invention of the complainant.

Upon the final hearing, the court below dismissed the bill whereupon the complainant appealed here.

The other facts are set forth in the opinion of the Court.

Page 95 U. S. 215

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