Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases
"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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abandonment Acting Commissioner actually alleged amended APPEAL applicant's application arrangement asked attached claim combination connection consideration considered consists construction courts cover decision described device diligence direction drawing DUNCAN effect entirely entitled evidence examiner examiners-in-chief experiments extension fact February filed follows fully further give given granted ground held idea improvement interest interference introduced invention inventor issued June LEGGETT less letters limited machine manufacture March mark material matter means mechanism ment metal mode named necessary never novelty object obtained Office operation original particular parties patent patent law perfected person placed plate practice present primary prior produced question reason received reduced reference regarded reissue rejected relates result rule says secured seems shown shows side specification statement substantially sufficient suggested taken testimony thing tion trade-mark true
Page 237 - ... and praying protection of his right until he shall have matured his invention. Such caveat shall be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof.
Page 143 - That the law arising upon the case was, that if an inventor makes his discovery public, looks on and permits others freely to use it, without objection or assertion of claim to the invention, of which the public might take notice ; he abandons the inchoate right to the exclusive use of the invention, to which a patent would have entitled him had it been applied for before such use. And...
Page 164 - ... no new matter shall be introduced into the specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid.
Page 252 - ... any person who, by his own industry, genius, efforts, and expense, has invented and produced any new and original design for a manufacture, bust, statue, alto-relievo, or bas-relief; any new and original design for the printing of woolen, silk, cotton, or other fabrics, any new and original impression, ornament, pattern, print, or picture to be printed, paiuted, cast, or otherwise placed on or worked into any article of manufacture...
Page 242 - To make a valid claim for a combination, it is not necessary that the several elementary parts of the combination should act simultaneously. If those elementary parts are so arranged that the successive action of each contributes to produce some one practical result, which result, when attained, is the product of the simultaneous or successive action of all the elementary parts, viewed as one entire whole, a valid claim for thus combining those elementary parts may be made.
Page 137 - ... many experiments may have been unsuccessfully tried, coming very near, yet falling short of the desired result. They have produced nothing beneficial. The invention, when perfected, may truly be said to be the culminating point of many experiments, not only by the inventor, but by many others. He may have profited indirectly by the unsuccessful experiments and failures of others; but it gives them no right to claim a share of the honor or the profit of the successful inventor.
Page 80 - Admissions, whether of law or of fact, which have been acted upon by others, are conclusive against the party making them, in all cases between him and the person whose conduct he has thus influenced.
Page 230 - ... or by reason of the patentee claiming as his invention or discovery more than he had a right to claim as new, the original patent is inoperative or invalid, provided the error has arisen from inadvertence, accident, or mistake, and without any fraudulent or deceptive intention.
Page 63 - ... upon failure of the applicant to prosecute the same within one year after any action therein, of which notice shall have been given to the applicant, they shall be regarded as abandoned by the parties thereto, unless it be shown to the satisfaction of the Commissioner of Patents that such delay was unavoidable...
Page 210 - It is difficult, perhaps impossible, to lay down any general rule by which to determine when a given invention or improvements shall be embraced in one, two, or morn patents. Some discretion must necessarily be left on this subject to the head of the Patent Office. It. is often a nice and perplexing question.