Bone v. Marion County, 251 U.S. 134 (1919)

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Bone v. Marion County


No. 63


Argued November 11, 1919
Decided December 15, 1919
251 U.S. 134

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

Patent No. 705,732 (Claims 1, 3, 5, 16 and 17) to Frank A. Bone for the combination, with a retaining wall having a heel, of a metal structure embedded vertically in the wall and obliquely in the heel, so that the weight of the retained material upon the heel of the metal structure will operate to retain the wall in vertical position, or of such a structure having also a toe opposite to the heel, held anticipated in principle by other patents and publications. Pp. 136 et seq.

Patentable novelty or originality cannot be asserted of a device which has previously been described in printed publications in foreign countries although unknown in this one and to the patentee. Rev.Stats. § 4886, c. 391, 29 Stat. 692. P. 144.

249 F. 211 affirmed.

The case is stated in the opinion.