Summary

Joseph P. Bradley Miller v. Foree — Opinion of the Court

But in view of the fact that the mold having the types continued to be used for many years, and that the word 'Blackberry' was invariably printed on the tobacco, the process, though somewhat imperfectly applied, cannot be regarded as an abandoned experiment. The impression being made in the mold while the tobacco was moist might not remain as clearly defined as if it were made in the finishing process, (when a further finishing process was used;)
Source: Wikisource

Joseph P. Bradley Miller v. Foree — Opinion of the Court

There is also evidence in the case of a zinc plate with raised characters, forming the name of the maker, one 'E. F. Smith,' being used by him in the summer of 1875, both in the molding and in the finishing process, for the purpose of imprinting the name upon plug tobacco which he was then manufacturing in a small way in Evening Shade, a village in Arkansas. The plate was used in substantially the same way as that described in the patent of the complainants; and if the evidence is to be believed, the fact of prior anticipation is clearly established.
Source: Wikisource

Joseph P. Bradley Miller v. Foree — Opinion of the Court

An English patent was granted to Thomas and George Cope in April, (specification filed October,) 1868, for improvements in machinery for moulding, pressing, and stamping Cavendish and other tobacco into any desired form by suitable dies. These dies have any desired form and design, and, when filled with tobacco, a powerful pressure is applied by means of a metallic die-piece, which gives to the tobacco a durable form and solidity, with the impression of the shape and design of the dies.
Source: Wikisource

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