Bourne v. Goodyear,
76 U.S. 811 (1869)

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U.S. Supreme Court

Bourne v. Goodyear, 76 U.S. 9 Wall. 811 811 (1869)

Bourne v. Goodyear

76 U.S. (9 Wall.) 811


A proceeding to vacate the extension of a patent, of which the extension has expired before the proceeding was begun, has no equity to support it, and cannot be sustained on demurrer.

Appeal from the Circuit Court for the Southern District of New York, in which court, on the 15th of June, 1865, a proceeding was begun, in the name of the United States ex Relatione Bourne against the Executor of Goodyear to vacate an extension of a patent. The bill showed that the extension of the patent sought to be vacated by the proceeding expired on the 14th of June, 1865, before the suit was commenced, and the defendant demurred to it on that ground among others. The court below dismissed the bill, and the relator brought the case here.

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