United States Rifle & Cartridge Co. v. Whitney Arms Co.
118 U.S. 22 (1886)

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U.S. Supreme Court

United States Rifle & Cartridge Co. v. Whitney Arms Co., 118 U.S. 22 (1886)

United States Rifle & Cartridge Co. v. Whitney Arms Company

Argued March 10-11, 1886

Decided April 19, 1886

118 U.S. 22


The decision of the Commissioner of Patents, granting an application for a patent a former application for which has been rejected or withdrawn is not conclusive upon the question of abandonment of the invention in a suit brought for the infringement of the patent.

An inventor whose application for a patent has been rejected by the Patent Office and withdrawn by him and who, without substantial reason or excuse,

Page 118 U. S. 23

omits for eight years to reinstate or renew it, during which time many patents embodying the substance of the invention are granted to other persons, must be held to have abandoned the invention.

Bill in equity for the infringement of letters patent. The case is stated in the opinion of the Court.

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