Joseph McKenna, Foley v. United States — Opinion of the Court
“ The assertions prove too much. They leave the patents without basis, and the distinction they express and dwell on as merely verbal. If the asserted result was inevitable in the method of the patents, it was inevitable in the method in use prior to the patents, and, we repeat, the patents are left without justification.The conclusion, therefore, must be that if the methods of the patents are different from the prior art by reason of the 'initial vapor-laden atmosphere by admitting vapor as steam' the government does not use it ”
