Class Notes 2/21/2011 (Fernando Rodriguez)

Elizabeth Case

Charges

• Not novel- other previous art (British patents)
• Public use

1. Mil-dam road: 1848
2. Privately owned tall road for 6 years (test)
3. Application was issued 1854 reissued 1867

Evidence of Experimentation

1. Keep records
2. No profit
3. confidentiality
4. Control
5. "He was there ever day" observation
6. No other way to test
7. Time scale needed for testing

Result: Patent held not in public use

He was testing to ensure it worked