Delemater v. Heath’s Empirical Analysis
58 F. 414 · 1893
Citation profile
5 federal appellate · 2 district ·
How this case has been cited
Cited by 12 later decisions — most recently January 1926
5 federal appellate · 2 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Elizabeth v. Pavement Co. · Smith Griggs Manuf'G Co v. Sprague · Egbert v. Lippmann · Hall v. Macneale · Consolidated Fruit-Jar Co. v. Wright
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A use by tbe inventor for the purpose of testing the machine, in order by experiment to devise additional means for perfecting the success of its operation, is admissible; and where, as incident to such use, the product of its operation is disposed of by sale, such profit from its use does not change its character; but where the use is mainly for the purposes of trade and profit, and the experiment is merely incidental to that, the principal, and not the incident, must give character to the use. The thing implied as excepted out of the prohibition- of the statute is a use which may be properly characterized as substantially for purposes of experiment. Where the substantial use is not for that purpose, but is otherwise public, and for more than two years prior to the application, it comes within the prohibition. The language of section 4886 of the Revised Statutes is that ‘any person who has invented or discovered any new and useful ⅜ * * machine, ⅞ * ⅞ not in public use or on sale for more than two years prior to his application, * * ⅞ may ⅞ * « obtain a patent therefor.’ A single sale to another of such a machine as that shown to have been in use by the complainant more than two years prior to the date of his application would certainly have defeated his right to a patent, and yet, during that period in which its use by another would have defeated, his right, he himself used it for the same purpose for which it would have been used by a purchaser. Why should the similar use”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.