Court of Appeals for the First Circuit September 20, 1901, No. 353 (Swain v. Holyoke Machine Co.)

PUTNAM, Circuit Judge.

I agree that the complainant’s petition for a rehearing in this case should be denied, but I desire to express my special reasons for that conclusion. The opinion passed down on May 24, 1901. contained the following:

“In the case at bar the patentee has failed to show, by the clear and convincing proofs required, that the sale of the Moodus machine was for experimental use.