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U.S. Supreme Court

Rubber-Tip Pencil Company v. Howard, 87 U.S. 20 Wall. 498 498 (1874)

Rubber-Tip Pencil Company v. Howard

87 U.S. (20 Wall.) 498

ERROR TO THE CIRCUIT COURT FOR

THE SOUTHERN DISTRICT OF NEW YORK

On the 23d of July, 1867, J. B. Blair, an artist, alleging himself to be the original and first inventor of "a new and useful rubber head for lead pencils," received a patent for his invention. His specification and claim were as follows:

"Be it known that I, J. B. Blair, of the City of Philadelphia, &c., have invented a new and useful cap or rubber head to be applied to lead pencils, &c., for the purpose of rubbing out pencil marks, and I do hereby declare the same to be fully described in the following specifications and represented in the accompanying drawings, of which:"

"Figure 1 is an external view of a pencil as provided with a rubber or elastic erasive head, constructed in accordance with my invention."