Root v. Ball

OPINION OF

THE COURT.

This is an action for an infringement of a patent. The plaintiff declares against the defendants for violating a patent right granted for a design of ornamental parts of a stove, dated 9th of September. 1845. with the ordinary breaches.

The defendants pleaded: (1) The general issue. (2) Because before the date of the patent on the 0th of January, 1S44, “stoves constructed upon the plan of the stove patented by plaintiff, with the same general design and combination of the ornamental parts, were publicly made and sold by the defendants at the district, etc. (3) Because…