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MORRIS v. McMILLIN

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112 U.S. 244 (1884)

5 S.Ct. 218

28 L.Ed. 702

MORRIS & Others, Executors, v. McMILLIN & Others, Administrators.

Supreme Court of United States.

Decided November 17, 1884.

Attorney(s) appearing for the Case

Mr. Rowland Cox for appellants.

Mr. W. Bakewell and Mr. G.H. Christy for appellees.

MR. JUSTICE WOODS delivered the opinion of the court. He stated the facts in the foregoing language, and continued:

We are of opinion that the patent is open to the fatal objection that the device covered thereby did not, in view of the state of the art, involve the exercise of invention, and was therefore not patentable.

The simply working of a capstan by means of steam is not claimed, but, in the amended specification filed February 7, 1856, is expressly...

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