[A]s to the supposed public use of Wyeth’s machine before his application for a patent. To defeat his right to a patent, under such circumstances, it is essential, that there should have been a public use of his machine, substantially as it was patented, with his consent.
If it was merely used occasionally by himself in trying experiments, or if he allowed only a temporary use thereof by a few persons, as an act of personal accommodation or neighbourly kindness, for a short and limited period, that would not take away his right to a patent. To produce such an effect, the public use must be either generally allowed or acquiesced in, or at least be unlimited in time, or extent, or object. On the other hand, if the user were without Wyeth’s consent, and adverse to his patent, it was a clear violation of his rights, and could not deprive him of his patent.
Wyeth v. Stone, 30 F. Cas. 723, 726 (C.C.D. Mass. 1840)