Marchand v. Emken,
132 U.S. 195 (1889)

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U.S. Supreme Court

Marchand v. Emken, 132 U.S. 195 (1889)

Marchand v. Emken

No. 37

Argued October 25, 1889

Decided November 25, 1889

132 U.S. 195


Claim 1 of letters patent No. 273,569, granted to Charles Marchand, March 6, 1883, for an improvement in the manufacture of hydrogen peroxide, namely,

"1. The method of making hydrogen peroxide by cooling the acid solution, imparting thereto a continuous movement of rotation, as well in vertical as in horizontal planes -- such, for example, as imparted by a revolving screw in a receptacle -- and adding to said acid solution the binoxide in small quantities while maintaining the low temperature and the rotary or eddying movements, substantially as described,"

is invalid as not covering any patentable subject matter.

In equity for the infringement of letters patent. Decree dismissing the bill. Plaintiff appealed. The case is stated in the opinion.

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