Hayes-Young Tie Plate Co. v. St. Louis Transit Co.

Citations

• 130 F. 900
• 1904 U.S. App. LEXIS 4853

Syllabus

<p>1. Patents — Proceedings to Obtain — Effect of Abandonment of First Application.</p> <p>Where the Commissioner of Patents denied a petition for the revival of an application on the ground that there had been such unexcused delay in its prosecution as to work an abandonment under Rev. St. § 4894 [U. S. Comp. St. 1901, p. 3384], a new application filed thereafter cannot be regarded as a continuation of the same proceedings, but stands on the same footing as though no previous application had been made; and to authorize the granting of a patent thereon it must appear that the invention had not been in public use or on sale in this country for more than two years prior to such application.</p> <p>2. Same — Suit for Infringement — Requisites of Bill. -</p> <p>A bill for infringement must allege that the invention of the patent had not been in public use or on sale in this country for more than two years prior to the application for the patent.</p> <p>]f 2. Pleading in patent infringement suits, see note to Caldwell v. Powell, 19 CCA 595</p> <p>See Patents, vol. 38, Cent. Dig. § 508.</p>