Summary

Henry Baldwin McClurg v. Kingsland — Opinion of the Court

If it does not embrace the case before us, the consequence would be that the use of the invention, under the circumstances in evidence, would, according to the decision in 2 Peters, 14, 15, invalidate the patent; for if the act operates to save the avoidance of the patent, it must, of consequence, protect the person who uses the invention before the application for a patent.
Source: Wikisource

Henry Baldwin McClurg v. Kingsland — Opinion of the Court

Both objects must be effected, or both must fail, as both parts of the act refer to the same thing, and the same state of things, as affecting the person using the newly-invented machine, or the thing patented, as well as the inventor. Had the words 'invention,' or 'thing patented,' been used instead of machine, &c., there could have been no room for doubt of the application of the act to the present case
Source: Wikisource

Get perspective with Kwize: daily news enlightened by great literature