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DABLE GRAIN SHOVEL CO. v. FLINT

No. 1213.

137 U.S. 41 (1890)

11 S.Ct. 8

34 L.Ed. 618

DABLE GRAIN SHOVEL COMPANY, v. FLINT.

Supreme Court of United States.

Decided November 3, 1890.

Attorney(s) appearing for the Case

Mr. William Zimmerman for plaintiff in error.

Mr. Thomas A. Banning and Mr. Ephraim Banning for defendants in error.

MR. JUSTICE GRAY, after stating the case as above reported, delivered the opinion of the court.

The fourth plea is based upon section 7 of the act of March 3, 1839, c. 88, (in force when the patents were granted,) providing that "every person or corporation, who has or shall have purchased or constructed any newly invented machine, manufacture or composition of matter, prior to the application by the inventor and discoverer for a patent, shall be held to possess the...

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