Stephens v. Caldwell 22 F. Cas. 1279

Case No. 13,367.

STEPHENS v. CALDWELL.

Penal Action — Affixino Word “Patent” to Unfatented Articles — Making Application for Patent — Purpose.

1. The penalty specified in section 5 of the act of 1842 [5 Stat. 544] for affixing the word “Patent” to an unpatented article is incurred as to all articles made and having such word affixed with a.guilty purpose; and this is not changed by the party making application for a patent during such manufacture, at least as to such as were made or ordered to be made and so stamped before his application.

[Cited in Oliphant v. Salem Flouring Mills, Case No. 10,486.]

2. The penalty mentioned in this section is incurred as to ail articles made, and having the word “Patent” affixed, with a guilty purpose.