Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright CasesU.S. Government Printing Office, 1872 - 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 11
... regarded as material to the issue . Kenyon is already adjudged the prior inventor , but is denied a patent because of alleged laches . If he had kept his caveat alive until he filed his application , it may be that now he could properly ...
... regarded as material to the issue . Kenyon is already adjudged the prior inventor , but is denied a patent because of alleged laches . If he had kept his caveat alive until he filed his application , it may be that now he could properly ...
Page 13
... regarded as a sufficient interest in the extension to justify the granting of the same . I deem the case , therefore , as in all respects meritorious , and the prayer of the petitioner will be allowed . JOHN G. VAUGHAN . Extension ...
... regarded as a sufficient interest in the extension to justify the granting of the same . I deem the case , therefore , as in all respects meritorious , and the prayer of the petitioner will be allowed . JOHN G. VAUGHAN . Extension ...
Page 27
... regarded as constituting a patentable improvement . The other is not noticed in the claim in the reissued patent . The principal exam- iner has reason for reporting that what is claimed in the reissued patent is shown in Howe's . " This ...
... regarded as constituting a patentable improvement . The other is not noticed in the claim in the reissued patent . The principal exam- iner has reason for reporting that what is claimed in the reissued patent is shown in Howe's . " This ...
Page 36
... regarded as the first inventor of the devices in controversy ; and , if so , has she forfeited her right to a patent by the superior dili- gence displayed by Annan in perfecting his invention , and in seeking and obtaining a patent ? In ...
... regarded as the first inventor of the devices in controversy ; and , if so , has she forfeited her right to a patent by the superior dili- gence displayed by Annan in perfecting his invention , and in seeking and obtaining a patent ? In ...
Page 38
... regarded as sufficient to constitute a defense against Annan's patent , and conse- quently entitles her to the protection she now seeks , unless she has forfeited her rights by subsequent laches . It appears that she delayed her ...
... regarded as sufficient to constitute a defense against Annan's patent , and conse- quently entitles her to the protection she now seeks , unless she has forfeited her rights by subsequent laches . It appears that she delayed her ...
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Common terms and phrases
abandonment Acting Commissioner affidavits alleged amended APPEAL FROM EXAMINERS-IN-CHIEF APPEAL FROM PRIMARY applicant's application as follows arrangement article of manufacture assignees attached attorney August 11 bloomery board of appeals board of examiners-in-chief caveat combination Commissioner's Decisions connection construction courts Crane & Rogers design patent device diligence drawing DUNCAN Dunderdale entitled evidence examiner's extension of letters-patent fact favor February February 24 fully furnace granted Hermance interference introduced invention issued June June 9 LEGGETT letters patent Lowthorp machine March 17 matter means mechanism ment metal mode novelty November 29 object obtained operation original parties patent for IMPROVEMENT patent law Patent Office pencil perfected placed plate platform practice primary examiner priority produced provided in section Pugh purpose question reason received reference regarded reissue reissue application rejected remuneration reservoir rivet rubber rule says secured shown shows specification statement testimony tion trade-mark Withington words
Popular passages
Page 235 - ... 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 141 - 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 162 - ... 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 250 - ... 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 240 - 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 135 - ... 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 78 - 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 228 - ... 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 61 - ... 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 208 - 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.