Stanley Matthews

“ The act of 1839, as has repeatedly been held, has no effect to invalidate a patent, unless there be proof of abandonment, or of a use of the invention for more than two years prior to the application for the patent. The only facts from which such an abandonment or dedication can be inferred are that Green, in June, 1861, put down a well at his house in Cortland, New York ”

“ Andrews, the patent covers the process of drawing water from the earth by means of a well driven in the manne prescribed in the patent. The use of a well so constructed is therefore a continuing infringement, as every time water is drawn from it the patented process is necessarily used. ”

“ That the defendants have never driven wells for themselves, except as above described, or for other purposes; never have sold or offered for sale driven wells, or the materials for driving them, but have simply use their own wells for their personal use on their farms.' It is now contended, on the part of the appellant, that the claim of the patent is for the process of driving the well, and not for the use of the well after it has been driven, and that consequently the appellant is not shown to have infringed ”