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10 Pat. Trademark & Copy. J. Res. & Ed. 433 (1966-1967)
Some Absurd Presumptions in Patent Cases

handle is hein.journals/idea10 and id is 435 raw text is: RETROSPECTIONS This section will include biographies and other reviews of careers, discussion and documentation of events important to the history of inventions and discoveries, and anecdotal or historical material pertaining to judicial opinion and legislation. Some Absurd Presumptions in Patent Cases CYRIL A. SOANS* INTRODUCTION HOLLISTER V. BENEDICT1 WAS A LANDMARK CASE in which the Supreme Court interpreted the wording of the basic 1836 Act and resorted to the word obvious to invalidate a patent The Patent No. 93,391 in suit, issued in 1869,2 was on a United States revenue stamp for use on barrels of liquor. There was no question that the patentee's stamp, having a detachable part, was new, and was covered by the claim of the patent, and that the use of the patented stamps had been of great utility in preventing fraud. Howev- *EDITOR'S NOTE: We believe our readers will be interested in the ideas set forth in this paper. Mr. Soans is a respected elder statesman of the Patent Bar and we think his reflections are worthy of study. He retired in 1966 after 50 years of practice as a patent lawyer in Chicago. 1113 U.S. 59 (1885). 2On September 28, 1965, the number of U.S. patents issued had multiplied to 3,209,368 (about 30 times).

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