Hugo Black

“ Petitioners' primary contention is that the term 'prior art,' as used in § 103, really means only art previously publicly known. In support of this position they refer to a statement in the legislative history which indictates that prior art means 'what was known before as described in section 102.' [2] They contend that the use of the word 'known' indicates that Congress intended prior art to include only inventions or discoveries which were already publicly known at the time an invention was made. ”