Majority opinion Egbert v. Lippmann

justice william burnham woods

justice william burnham woods wrote majority, explaining public use of invention 1 person sufficient considered public use, usage of invention not visible general public. similarly, gift party without regards secrecy or restrictions on use sufficient bar patent same reason. whether use of invention public use or private use not depend on number of persons whom use known.

rather: if inventor, having made device, gives or sells another, used donee or vendee without limitation or restriction or injunction of secrecy , used, such use public though use , knowledge of use may confined 1 person. public use because [s}he might have exhibited them person, or made other steels of same kind , used or sold them without violating condition or restriction imposed on inventor. thus, court treated barnes s gift of corset steels intimate friend (not wife) without first signing confidentiality agreement if sale in ordinary course of business.

the majority held use here different in city of elizabeth v. pavement company because not faith effort test or experiment design. furthermore, barnes “slept on rights” eleven years between 1855 , 1866, not applying patent until other manufacturers had incorporated aspects similar barnes’ design own products. did not bother applying patent until came belated realization potentially profit invention. thefore, court held patent invalid.