I had occasion, heretofore, to inquire into the validity of the complainant's patent, in a controversy between the same complainant, and Speer et al., reported in VI. Off. Gaz. 1874, in which, as in this case, the principal defence turned upon the novelty of the invention. A prior public use was alleged and attempted to be proved. I there said and now repeat "that the patent is prima facie evidence that the patentee was the original and first inventor, and that any one who controverts this assumes the burden of proof and undertakes to show affirmatively that there was a prior knowledge and use of the alleged invention under such circumstances, as to give to the public the right of its continued use against the patentee."
The defence in this case has brought out many facts in regard to the public use of the rigid cross-bar in shawl straps anterior to the date of the complainant's patent, which were not developed in the former suit. There is no evidence which in my judgment affects the honesty of the complainant's claim, or which creates any doubt that he really believed himself to be the original and first inventor, but nevertheless I am constrained to the conclusion, after a most careful examination of the whole testimony, that the proofs show with reasonable certainty that he has been anticipated in the invention and that his patent is void, in consequence of the prior knowledge and public use, and the bill must be therefore dismissed with costs.
[E. B. Barnum, for complainant.
Arthur v. Briesen, for defendant.]
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