VOL. VIII.

DECISIONS

ON THE LAW OF

PATENTS FOR INVENTIONS

All cases here cited in the Federal, State, English and Canadian
Courts on patents, trade-marks, copyrights, designs and labels, will be
published in their regular order as part of this series.

EDITED AND ANNOTATED

BY

WOODBURY LOWERY.

WASHINGTON, D. C.

THE BRODIX PUBLISHING COMPANY,

LAW PUBLISHERS.

Entered, according to the Act of Congress, in the year 1888,

By THE BRODIX PUBLISHING COMPANY,

In the Office of the Librarian of Congress, at Washington, D. C.

EXPLANATION OF NOTES.

The Text of the Opinion.

The text of the opinion of the court is taken wholly from the record, and not from the official reporter. The reason for this is that the record is the original source from which the reporter himself obtains his matter; that it is complete, no cases decided by the court being omitted therefrom; that on application to the clerk of the court for a certified copy of an opinion, it is the copy of the opinion as it appears in the record, and not as printed in the official report that he furnishes.

Prominent among the advantages secured by printing the record, is the fact that the statement of the case, involving all those facts which the court considers material to the understanding of its opinion is made by the court itself, strictly in view of its decision, concisely and judicially, whereas the official reporters, Wallace and Otto, have omitted whole pages of the statement as made by the court, substituting their own, or have so amended and varied the court's statement as to make it practically a new one. The case of Burr v. Duryee, reported in volume VII, is a notable example, on consulting which the foot-notes appended will be found to point out the variation of the official reporter from the original re ord.

It will also be observed that this practice of these reporters has often been the cause of omitting in their reports the introductory part of the opinion as given in the record, supplying it from their own point of view and actually beginning the report of the opinion at an intermediate point of the record.

The text in this work has been prepared from printed certified copies of the record, and has undergone a second comparison while in type before printing made directly with the original record in the Supreme Court, giving an assurance that no effort has been spared to secure ac

curacy.