Elizabeth v. American Pavement Karch

Elizabeth v. American Nicholson Pavement Company, 97 U.S. 126 (1877)

History

1848 - original construction of Mill-dam Avenue in Boston

1852 - applied for patent

1854 - original patent issued

1867 - patent re-issued

Claims

I claim as an improvement in the art of constructing pavements:

1. '1. Placing a continuous foundation or support, as above described, directly upon the roadway; then arranging thereon a series of blocks, having parallel sides, endwise, in rows, so as to leave a continuous narrow groove or channel-way between each row, and then filling said grooves or channel- ways with broken stone, gravel, and tar, or other like materials.
2. '2. I claim the formation of a pavement by laying a foundation directly upon the roadway, substantially as described, and then employing two sets of blocks: one a principal set of blocks, that shall form the wooden surface of the pavement when completed, and an auxiliary set of blocks or strips of board, which shall form no part of the surface of the pavement, but determine the width of the groove between the principal blocks, and also the filling of said groove, when so formed between the principal blocks, with broken stone, gravel, and tar, or other like material.'

Argument

Exception to US 35 S 102(b):

Testing to ensure invention works: must be evidence of experimentation

1. keep records
2. no profit
3. confidentiality
4. control
5. observation every day
6. cost
7. no other reasonable way to test the invention
8. amount of time required for testing