Smith v. United States

The plaintiffs sue for compensation for the alleged unauthorized use by the United States of their patented process for shrinkproofing woolen cloth. The Government’s principal defense is that the process which it used was not, in fact, the plaintiffs’ patented process. But it also urges that, if it should be found that it has used the patented process, it should further be found that it was justified in doing so *297because the “prior art” anticipated the plaintiffs’ patent. We conclude that the Government has not used the process covered by the plaintiffs’ patent, as properly construed, hence we…