This section contains the nature of the case and procedural background.

The original letters bear date July 17, 1866, and were issued to Samuel H. Barnes. The reissue was made to P, under her then name, Frances Lee Barnes, executrix of the original patentee. Barnes was the original and first inventor of the improvement covered by the reissued letters-patent, and that it had not, at the time of his application for the original letters, been for more than two years in public use or on sale, with his consent or allowance. D denied infringement based on the patent being in public use for more than two years prior to filing the patent application. The court agreed and dismissed the bill, and P appealed.

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