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" In the last class of cases it must distinctly appear that the invention covered by the later patent was a separate invention, distinctly different and independent from that covered by the first patent; in other words, it must be something substantially... "
Electrical Engineer - Page 115
1894
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The Supreme Court Reporter, Volume 14

Law reports, digests, etc - 1894 - 1266 pages
...claim, more generical In Its character, than the specific claims, contained in the prior patent, to also void; but that where the second patent covers...absolutely void. It Is Insisted on the part of the appellee e that "whether this Invention shall be protect-* ed In part of Its features by one'patent, and» as...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 151

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1894 - 782 pages
...could not use the first, or the one with the earlier number, to help sustain the action. In Odiorne v. Amesbury Nail Factory, 2 Mason, 28, the reason...shall be protected in part of its features by one MILLER v. EAGLE M AN UF ACT U RING CO. 199 Opinion of the Court. patent, and as to the rest by another,...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 151

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1894 - 796 pages
...covers matter described in the prior patent, essentially distinct and separable from the invemtion covered thereby and claims made thereunder, its validity...shall be protected in part of its features by one Opinion of the Court. patent, and as to the rest by another, or shall be completely protected by a...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1895 - 784 pages
...comprehended in the first patent. It must consist in something more than a mere distinction of the breadth and scope of the claims of each patent If the case comes...•whether this invention shall be protected in part of its feature* by one patent, and u to the rest by another, or shall be completely protected by a single...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1896 - 896 pages
...than :i men1 distinction of the breadth and scope of the claims of each patent. If the case cornea within the first or second of the above classes, the second patent is absolutely void. And this is so regardless of the material of which the machine may be constructed. If, therefore, as...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1897 - 808 pages
...words, it must be something substantially different from that comprehended in the first patent, ft must. consist in something more than a mere distinction...above classes, the second patent is absolutely void." Under this decision the contention of the appellee that the patent Mo. 272,238 is an older patent than...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 151

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1899 - 794 pages
...different from that comprehended in the first pntent. It must consist in something more than a more distinction of the breadth or scope of the claims...shall be protected in part of its features by one Opinion of the Court. patent, and as to the rest by another, or shall be completely protected by a...
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United States Supreme Court Reports, Volume 38

United States. Supreme Court - Law reports, digests, etc - 1901 - 1108 pages
...of cases it must distinctly appear that the invention covered by the later patent was a se pa rate invention, distinctly different and independent from...that "whether this invention shall be protected in 199]part of Us/¿aíure«by one 'patent, and as to the rest by another, or "shall be completely protected...
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The Law of Patents as Illustrated by Leading Cases: With ..., Volume 1

Walter Forwood Rogers - Patent laws and legislation - 1914 - 902 pages
...substantially different from that comprehended in the first patent. It must consist in something more than mere distinction of the breadth or scope of the claims...above classes, the second patent is absolutely void." The practice of the Patent Office was stated by Commissioner Hall in Ex parte Roberts, 40 OG 543, and...
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United States Supreme Court Reports, Volume 38

United States. Supreme Court - Law reports, digests, etc - 1922 - 1044 pages
...In the last class of cases it must distinctly appear that the invention covered by the luierpateut was a separate invention, distinctly different and...that "whether this invention shall be protected in 199]part of its/eaíurííby one 'patent, and as to the rest by another, or shall be completely protected...
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