Alexander Milburn Co. v. Davis Bournonville Co., 270 U.S. 390 (1926)

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Alexander Milburn Co. v. Davis Bournonville Co.


No. 107


Argued January 11, 12, 1926
Decided March 8, 1926
270 U.S. 390

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SECOND CIRCUIT

Syllabus

1. Where a patent application fully and adequately disclosed, but did not claim, the thing patented to a later applicant alleging a later date of invention, the later applicant was not the "first inventor" within Rev.Stats. § 4920. P. 399.

2. As regards "reduction to practice," a description that would bar a patent if printed in a periodical or in an issued patent is equally effective in an application. P. 401.

1 F.2d 227 reversed.

Certiorari to a decree of the circuit court of appeals which affirmed a decree of the district court (297 F. 846) enjoining an alleged infringement of plaintiff’s patent.