Crandal v. Walters’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Various old devices are introduced. * * * But no article like the plaintiff’s, capable of being taken and used for the purposes for'which the plaintiffs can be used, without alteration and adaptation, requiring invention. existed before. Almost all inventions, at this day, that become the subject of patents,-are the embodiment and adaptation of mechanical appliances that are old. In that consists the invention. When the thing appears it is now, and useful, ko one saw it before; no one produced it before. It supplies a need. It is at once adopted. All in the trade desire to make and use it, yet it is said to have been perfectly obvious, and not to have been patentable. Where an article exists in a given form,'and applied to a given use, and is taken in substantially the same form, and applied to an analogous use, so as to make a case of merely double use, there is no invention. But it is very rarely that a thing of that kind secures a patent. ””

   1 later decision quote this exact passage
   e.g. Butler v. Bainbridge