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KOKOMO FENCE MACHINE CO. v. KITSELMAN

No. 148.

189 U.S. 8 (1903)

23 S.Ct. 521

47 L.Ed. 689

KOKOMO FENCE MACHINE COMPANY v. KITSELMAN.

Supreme Court of United States.

Decided March 23, 1903.

Attorney(s) appearing for the Case

Mr. Thomas A. Banning for petitioner. Mr. Ephraim Banning and Mr. C.C. Shirley were with him on the brief.

Mr. Robert H. Parkinson for respondents.

MR. CHIEF JUSTICE FULLER, after making the foregoing statement, delivered the opinion of the court.

The Circuit Court was of opinion that neither of complainants' patents was a pioneer invention; that they were all merely improvements on the prior art, and to be construed in that light; that complainants could not be treated on the basis that they or their assignors were the first to make a portable machine for weaving wire fencing fabric in the field, which claim...

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