Henry Billings Brown

“ That due diligence must be exercised in discovering the mistake in the original patent, and that, if it be sought for the purpose of enlarging the claim, the lapse of two years will ordinarily, though not always, be treated as evidence of an abandonment of the new matter to the public to the same extent that a failure by the inventor to apply for a patent within two years from the public use or sale of his intention is regarded by the statute as conclusive evidence of an abandonment of the patent to the public. ”

“ A party neglecting to bring in objections cannot afterwards except to the report, unless the court, upon motion, see reason to be dissatisfied with the report, and refer it to the master for review, with liberty to the party to take objection to it. ”

“ It is not sufficient to constitute an anticipation that the device relied upon might, by modification, by made to accomplish the function performed by the patent in question, if it were not designed by its maker, nor adapted, nor actually used, for the performance of such functions. ”

“ Proper practice requires that objections to a master's report shall be taken in that court, that any errors discovered therein may be rectified by the court itself, or by a reference to the master for a correction of his report, without putting parties to the delay and expense of an appeal to this court. ”

“ Under such circumstances, it would be manifestly unjust to deny him the benefit of a reissue to secure to him his actual invention, provided it is evident that there has been a mistake, and he has been guilty of no want of reasonable diligence in discovering it, and no third persons have in the mean time acquired the right to manufacture or sell what he had failed to claim. ”

“ If this patent does not anticipate the Augur patent, none of the others do; if it does anticipate it, it is of no consequene whether the others do or not. This patent is for 'a novel improvement in hanging carriage bodies on springs and from C-shaped jacks or supports, whereby the body is allowed a free and easy vibration longitudinally, and it is relieved from sudden and disagreeable jolts and jerks in traveling on rough roads, or from the sudden starting of the horse. ”

“ The Topliff and Ely patent is claimed to be fully anticipated by the Augur device. In their specification the patentees admit that the connecting rods, placed at right angles across the front and rear of the running gear of vehicles, and hinged to the front bolster and rear axle, are an old device. ”

“ It appears from the record that the patentee assigned the patent to one Atwater, on February 4, 1873, subject to the condition that if he paid a certain note of $2,000 and interest the assignment was to be void. ”