Case No. 17,856.

WILTON v. RAILROAD CO.

[2 Whart. Dig. 408—410.]

Circuit Court, E. D. Pennsylvania.

Dec, 1848.

PATENTS—ELEMENTS OF INVENTION—SPECIFICATIONS—DRAWINGS—FAILURE TO APPLY FOR PATENT FOR 18 MONTHS.

[1. The principle or essential character of an invention involves two elements: (1) The object attained; (2) the means by which it is obtained, and that, if either of these be new, it may be the subject of a patent.]

[2. Drawings annexed to a patent issued under the act of 1837 (5 Stat. 191) form no part of the specification, where no drawings were annexed to the original patent.]

[3. An inventor who does not reduce his invention to practice, or apply for a patent till after 18 months, others in the meantime having invented the same thing, and reduced it to practice, cannot recover for a breach of his patent.]

[Cited in 2 Whart. Dig. 408—410, to the points above stated. Nowhere reported; opinion not now accessible.]

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