Court of Appeals for the Third Circuit August 19, 1909, No. 46 (Hennebique Const. Co. v. Myers)

ARCHBALD, District Judge

(concurring). I concur in the view that the act of Congress, in limiting a patent in this country by the term of one previously granted for the same invention abroad (Rev. St. § 4887), presupposes that the foreign patent is valid, and, where this proves not to be the case, that the patent here continues for the full term of 17 years which it would otherwise enjoy.