Summary

Samuel Blatchford Hoskin v. Fisher — Opinion of the Court

The question whether delay in applying for a reissue of a patent has been reasonable or unreasonable is a question of law for the determination of the court; (2) the action of the patent-office in granting a reissue, and deciding that, from special circumstances shown, it appeared that the applicant had not been guilty of laches in applying for it, is not sufficient to explain a delay in the application which otherwise appears unreasonable and to constitute laches
Source: Wikisource

Samuel Blatchford Hoskin v. Fisher — Opinion of the Court

But we are of opinion that, the original patent and the second reissue being properly before us, we have a right to compare them with each other; and that, upon such comparison, the question of the validity of the second reissue must be determined. Under the proffer in the bill of complaint, it was for the plaintiffs to introduce the first reissue in evidence
Source: Wikisource

Samuel Blatchford Hoskin v. Fisher — Opinion of the Court

The answer sets up that the second reissue contains new matter, which was not contained in the original patent, and which describes and claims that of which Fisher 'was not the inventor;' that Fisher did not discover or invent or make any hydraulic machine, which machine or combination included either a ball and socket joint, or ball and socket jointed sections, or a discharge pipe having a ball-shaped enlargement at its base
Source: Wikisource

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