
    Case No. 13,367.
    STEPHENS v. CALDWELL.
    Penal Action — Affixino Word “Patent” to Unfatented Articles — Making Application for Patent — Purpose.
    1. The penalty specified in section 5 of the act of 1842 [5 Stat. 544] for affixing the word “Patent” to an unpatented article is incurred as to all articles made and having such word affixed with a.guilty purpose; and this is not changed by the party making application for a patent during such manufacture, at least as to such as were made or ordered to be made and so stamped before his application.
    [Cited in Oliphant v. Salem Flouring Mills, Case No. 10,486.]
    2. The penalty mentioned in this section is incurred as to ail articles made, and having the word “Patent” affixed, with a guilty purpose.
   [Nowhere reported: opinion not now accessible. Cited in Law’s Pat. Dig. 585, to points as above stated.]  