Garneau v. Dozier (102 U.S. 230)

APPEAL from the Circuit Court of the United States for the Eastern District of Missouri.

Joseph Garneau brought his bill of complaint against James Dozier and others. It is founded upon two letters-patent, the first being a reissue granted to Hosea Ball on the fourteenth day of June, 1870, and extended for seven years from Sept. 23, 1870. The original letters were granted to Ball Sept. 23, 1856, for an alleged 'new and useful improvement in ovens,' and were surrendered and reissued Oct. 12, 1869, and again June 14, 1870. The second letters set forth in the bill were granted to Mary Ann Elizabeth McKenzie May 1, 1860, also 'for a new and useful improvement in ovens.' They were surrendered and reissued April 19, 1870, reissued again April 20, 1875, numbered 6,397, assigned to Duncan McKenzie March 24, 1874, and extended for seven years from May 1, 1874. By sundry assignments these extended reissues have become the property of the complainant, and it is for the alleged infringement of them that this suit was brought.

The bill was dismissed on a final hearing upon the pleadings and proofs, and Garneau appealed.

The case was argued by Mr. Robert H. Parkinson for the appellant, and by Mr. Edward Boyd for the appellees.

Mr. JUSTICE STRONG delivered the opinion of the court.