Terhune v. Phillips/Opinion of the Court

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Opinion of the Court

United States Supreme Court

99 U.S. 592

Terhune  v.  Phillips

The determination of this case is controlled by Brown et al. v. Piper, 91 U.S. 37. We cannot fail to take judicial notice that the thing patented was known and in general use long before the issuing of the patent. The substitution of metal for wood was destitute both of patentable invention and utility. The admission of improper testimony, if it occurred, was, therefore, immaterial. The case of the appellant as it appears in the record, without any testimony, is clear and conclusive against him.

Decree affirmed.


This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).