 | Science - 1927 - 612 pages
...patent law the sub*» stantial equivalent of a thing is the same as the thing itself; that is to say, 'if two devices do the same work, in substantially...same, even though they differ in name, form or shape.' "Again, old ingredients known at the date of letters patent granted for an invention consisting of... | |
 | United States. Court of Claims - 1919 - 740 pages
...Co. v. Automatic Scale Co., 204 US, 609 ; Diamond Rubber Co., v. Consolidated Tire Co., 220 US, 428. If two devices do the same work in substantially the same way and accomplish the same result, they are the same even though they differ in name, form, or shape. Many other cases... | |
 | Charles Sidney Whitman - Copyright - 1871 - 734 pages
...(Morris v. Barrett, 1 Fish., 461.) If the parts of two machines, having the same mode of operation, do the same work in substantially the same way, and accomplish substantially the same result, those parts are the same, although they may differ in name, form, or shape. (Union Sugar Refinery v.... | |
 | Charles Sidney Whitman - Copyright - 1871 - 736 pages
...(Morris v. Barrett, 1 Fish., 461.) If the parts of two machines, having the same mode of operation, do the same work in substantially the same way, and accomplish substantially the same, result, those parts are the same, although they may differ in name, form, or shape. ( Union Sugar Refinery... | |
 | Henry Edward Wallace - Law reports, digests, etc - 1875 - 676 pages
...infringing devices embodied in the defendants' machines " have substantially the same mode of operation, do the same work in substantially the same way, and accomplish substantially the same results" as those claimed by the complainants. In the defendants' machine is to be observed a rake-head... | |
 | United States. Supreme Court - Law reports, digests, etc - 1879 - 790 pages
...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...same, even though they differ in name, form, or shape. Curtis, Patents (4th ed.), sect. 310. Apply that principle to the case before court, and it is clear... | |
 | Law reports, digests, etc - 1902 - 2074 pages
..."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...even though they differ in name, form, or shape." But, if the evidence in the case had shown that the rod described in the Ohnermus and Sanner patent... | |
 | Law reports, digests, etc - 1897 - 2078 pages
...appears to us to be correct. We cannot discover any material difference between the two devices. They do the same work in substantially the same way, and accomplish substantially the same result. 2. The second stated objection to the interlocutory decree is "that the patent has never been sustained... | |
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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... 
