this fact, one must consider two things: (1) the meaning of

‘‘exhaustion’’; and (2) the nature of the patent right. ‘‘Exhaustion’’

means the state of having been drained or used up

completely. It assumes there was something there to begin

with that could be used up. The patent right, as recognized

by the Supreme Court in

Bloomer v. McQuewan, 55 U.S. (14

How.) 539 (1852), and as more recently defined in 35 U.S.C.

§ 154, is the right to exclude others from making, using,