The Law of Patents for Inventions Including the Remedies And Legal Proceedings

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R. 708 ; Evans v. Weiss, 2 Wash. C. C. R. 342 ; Goodyear v. Matthews. 1 Paine's R. 318 ; 1 Gallison's R. 438 ; Dixon v. Moyer, 4 Wash. C. C, R. 68.
408 Evidence in Action for an Infringement. [Ch. XX.
donment of the invention by the inventor, and his dedication of it to the public, and it is not incumbent on the plaintiff to prove, in the first instance, that he has not abandoned or so dedicated his invention, unless he incurs that burthen by incidentally proving such delay, or other circumstan
...ces, as require ex- planation in order to rebut the inference of such an abandonment and dedication.
Under the act of congress of 1836, the citizenship of the patentee is material only in relation to the amount of the fee he is liable to pay ; and as the payment of the fee is a matter which the court does not take into consideration, this being subject to the superintendence of the executive officer who issues the patent, '^ it seems to follow that no evidence of citizenship need be given by the plaintiff.


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