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Experimental Use. Patent Law 3.8.04. American Nicholson Paving.
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Experimental Use Patent Law 3.8.04
American Nicholson Paving Wood block pavements were laid in New York and Philadelphia about 1835, in England about 1838, and in Paris about 1880. The first blocks were round or hexagonal, and many different types of wooden pavements were patented between 1840 and 1913.
Nicholson timeline Hosking Patent: 1850 1854: Patent filed/Issues 1875: Reissued Patent Expires 8.1847: Nicholson files caveat
Nicholson Facts 6 Years of Public Use 1854: Patent filed/Issues 1875: Reissued Patent Expires 8.1847: Nicholson files caveat
1821: Mill Dam runs from Beacon Street to Charles Street and across to Sewellís Point, Brookline. The dam is the brainchild of Uriah Cotting and the Roxbury Mill Corporation. The structure is 50 feet wide and one half mile long with a toll road running over it between a row of trees. It is called Western Avenue and later Beacon Street.
Key Facts • Lang Testimony, p. 587 • Nicholson inspected surface daily • Asked questions about it • Corroboration by witnesses
Holding • Public use okay “when the delay [in filing] is occasioned by a bona fide effort to bring his invention to perfection or to ascertain whether it will answer the purpose intended”
Extra Points • Reissues, nineteenth century • Sovereign immunity/gov’t Ks