Summary

Portrait of George Shiras, Jr. George Shiras, Jr. Haughey v. Lee — Opinion of the Court

In the history of most of the arts, the first invention is of a striking and undeniable character, and the earlier improvements likewise usually display an unmistakable power of invention. But, after the field of invention has been mainly occupied, it becomes difficult to distinguish between improvements that involve patentable invention and those that are the result of the exercise of ordinary mechanical knowledge and skill.
Source: Wikisource

Portrait of George Shiras, Jr. George Shiras, Jr. Haughey v. Lee — Opinion of the Court

There is no merit in the proposition made in the second assignment of error, that defendants are estopped from asserting that there is no patentable novelty in plaintiff's invention by their conduct in seeking to procure, through one of their employes, a patent for substantially the same invention. Whether or not there is any inconsistency in trying at one time to get a patent for a supposed invention, and in afterwards alleging, as against a rival successful in obtaining a patent, that there is no novelty in the invention, it certainly cannot be said to constiture an estoppel.
Source: Wikisource

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