Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright CasesU.S. Government Printing Office, 1879 - Copyright "Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530. |
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Page 182
... respondents , upon whom rests the burden of proof . Cof- fin v . Ogden , 18 Wall . , 120 . 4. The patent is prima facie valid . It is muniment of title . He who would overcome it must do so by a clear preponderance of evidence . 5. The ...
... respondents , upon whom rests the burden of proof . Cof- fin v . Ogden , 18 Wall . , 120 . 4. The patent is prima facie valid . It is muniment of title . He who would overcome it must do so by a clear preponderance of evidence . 5. The ...
Page 183
... should be resolved against the respondents , upon whom rests the burden of proof . Coffin vs. Ogden , 18 Wall . , 120. This rule is founded in justice and good sense . The patent is prima DECISIONS OF U. S. COURTS IN PATENT CASES . 183.
... should be resolved against the respondents , upon whom rests the burden of proof . Coffin vs. Ogden , 18 Wall . , 120. This rule is founded in justice and good sense . The patent is prima DECISIONS OF U. S. COURTS IN PATENT CASES . 183.
Page 184
... respondents to raise the question , if they think proper to do so , in the Supreme Court , by appeal . VII . The infringement complained of is made out by the evidence . Upon the whole case , then , we think there should be a decree for ...
... respondents to raise the question , if they think proper to do so , in the Supreme Court , by appeal . VII . The infringement complained of is made out by the evidence . Upon the whole case , then , we think there should be a decree for ...
Page 194
... respondents . Upon a comparison of the reissued with the original patent , no new invention is found to be described or claimed in the reissue , or anything which is not clearly indicated and claimed as invention in the original . The ...
... respondents . Upon a comparison of the reissued with the original patent , no new invention is found to be described or claimed in the reissue , or anything which is not clearly indicated and claimed as invention in the original . The ...
Page 195
... respondent Beatty for infringement of their patent for an improved jelly - glass . An- swer was filed by respondent , and testimony taken and hearing had , and decree for complainants establishing validity of patent and infringe- ment ...
... respondent Beatty for infringement of their patent for an improved jelly - glass . An- swer was filed by respondent , and testimony taken and hearing had , and decree for complainants establishing validity of patent and infringe- ment ...
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Common terms and phrases
action alizarine alleged apparatus appears application assignment Board of Examiners-in-Chief bucket circuit court combination Commissioner of Patents Company complainant's complainants construction court of equity cover cutting cylinder damages Decided decision decree defendants described device drawings Edwin L effect elements entitled equity equivalent evidence exclusive right Exhibit fact filed furnace glass chain gutta-percha improvement india-rubber infringement injunction insulating interference proceeding Interlocutory appeal invention inventor issue January 25 jaws joint label machine manufacture material matter mechanism ment metal mode motion nitro-glycerine OFFICIAL GAZETTE operation original patent parties patent granted Patent Office plaintiff plate prior produced profits proof purpose question reduction to practice referred registered reissue application Reissue Letters Patent reissued patent respondents result rubber second claim shown Simpson sold specification statute substantially suit term testimony tion trade-mark United States Circuit valid valve Vulcanite wheel wire words
Popular passages
Page 381 - ... or more than two years prior to his application, and not in public use or on sale in this country for more than two years...
Page 317 - That nothing in this Act contained, nor any Proceeding, Conviction, or Judgment to be had or taken thereupon, against any Banker, Merchant, Broker, Factor, Attorney, or other Agent as aforesaid, shall prevent, lessen, or impeach any Remedy at Law or in Equity which any Party aggrieved by any such Offence might or would have had if this Act had not been passed...
Page 50 - Applications for patent, patents, or any interest therein, shall be assignable in law by an instrument in writing. The applicant, patentee, or his assigns or legal representatives may in like manner grant and convey an exclusive right under his application for patent, or patents, to the whole or any specified part of the United States.
Page 200 - ... in determining the question of infringement, the court or jury, as the case may be, are not to judge about similarities or differences by the names of things, but are to look at the machines or their several devices or elements in the light of what they do, or what office or function they perform, and how they perform it, and to find that one thing is substantially the same as another, if it performs substantially the same function in substantially the same way to obtain the same result, always...
Page 411 - The specification shall contain a written description of the invention, and of the manner and process of making and using it. in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Page 236 - ... in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...
Page 316 - That the circuit courts of the United States shall have original cognizance, concurrent with the courts of the several states...
Page 201 - Authorities concur that the substantial equivalent of a thing, in the sense of the patent law, is the same as the thing itself; so that if two devices do the same work in substantially the same way, and accomplish substantially the same result, they are the same, even though they differ in name, form, or shape.
Page 54 - ... the same to be held and enjoyed by the said , for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made.
Page 100 - STRONG, speaking for the court, that "the office of a trade-mark is to point out distinctively the origin or ownership of the article to which it is affixed ; or, in other words, to give notice who was the producer.