Morgan Envelope Co. v. Albany Perforated Wrapping Paper Co.

Citations

• 152 U.S. 425
• 14 S. Ct. 627
• 38 L. Ed. 500
• 1894 U.S. LEXIS 2132

Syllabus

<p>An inventor who acquiesces in the rejection by the Patent Office of his claim in one form, and accepts a patent with the claim changed so as to correspond with the views of that office, is estopped to claim the benefit of the rejected claim.</p> <p>Letters patent No. 325,410, granted to Oliver H. Hicks September 1,1885, for a package of toilet paper known as the oval roll or oval king package, is void for want of patentable invention.</p> <p>Letters patent No. 325,174, issued to said Hicks August 25, 1885, for a toilet-paper fixture, and letters patent No; 357,993, issued to said Hicks February 15, 1887, for an apparatus for holding toilet paper, are not infringed by selling such fixture or apparatus, bought of the patentee, with paper manufactured by the seller.</p> <p>When a patentee has once received his royalty, he cannot treat the subsequent seller or user as an infringer.</p>