Patentable Invention |
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Page v
... Evidence . Exceptions to General Rules 4 § 7 . Invention by Change of Form 5 § 8 . Invention by Change of Size ... Evidence 34 § 20. Objections to Rules , and Replies Thereto § 21. Fallibility of Opinion Formed after the Event § 22 ...
... Evidence . Exceptions to General Rules 4 § 7 . Invention by Change of Form 5 § 8 . Invention by Change of Size ... Evidence 34 § 20. Objections to Rules , and Replies Thereto § 21. Fallibility of Opinion Formed after the Event § 22 ...
Page viii
... Evidence as to the Original Invention ... 113 § 83 . § 84 . Examples of Reissue Patents with Enlarged Claims .. 114 Revision of Reissue Patents by the Courts . 116 § 85 . Former Construction of the Act Maintained up to about 1880 116 ...
... Evidence as to the Original Invention ... 113 § 83 . § 84 . Examples of Reissue Patents with Enlarged Claims .. 114 Revision of Reissue Patents by the Courts . 116 § 85 . Former Construction of the Act Maintained up to about 1880 116 ...
Page 2
... evidence and without recourse to rules by which a just conclu- sion can be reached . § 3. Determination of Invention by Assumption of the Action of a Peculiar Mental Faculty a mere Opinion . To the scientific mechanic the procedure of ...
... evidence and without recourse to rules by which a just conclu- sion can be reached . § 3. Determination of Invention by Assumption of the Action of a Peculiar Mental Faculty a mere Opinion . To the scientific mechanic the procedure of ...
Page 3
... evidence , and should not be deter- minable by the mere opinion of the court before whom the question of invention is tried . An invention , ac- cording to the statute first quoted , must be " new ; " hence it must of necessity amount ...
... evidence , and should not be deter- minable by the mere opinion of the court before whom the question of invention is tried . An invention , ac- cording to the statute first quoted , must be " new ; " hence it must of necessity amount ...
Page 4
... Evidence . If the nature or character of the thing or effect pro- duced is to determine whether it is to be classified as an invention or as a mere construction produced by mere mechanical skill , the question naturally arises , by what ...
... Evidence . If the nature or character of the thing or effect pro- duced is to determine whether it is to be classified as an invention or as a mere construction produced by mere mechanical skill , the question naturally arises , by what ...
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Common terms and phrases
action amounts to invention appears application article of manufacture blast furnace Blatchf centrifugal Charles Goodyear circular saw collective mode combining mechanism composition of matter compound process constitute construction cooled court of equity cut-off valve cutting apparatus decision defective or insufficient described and claimed dictum effect enlarged claim equitable eraser evidence fact fore-hearth full invention Goodyear Gorham heat holder improvement india rubber infringement invention or discovery inventor iron jacks language lower hook material meal powder mistake mode of operation mould nitroglycerine old device old process opinion original patent patent law Patent Office patentable combination pattern cylinder peculiar pencil pencil lead performed platform previously produced real invention reciprocating saw recited Reckendorfer reissue patent result scope shaft single specification spindles statute steam valve stove subsequent substitution Supreme Court thing tion Topliff unclaimed United States Supreme Vulcanite vulcanized wheel Yale Lock Mfg
Popular passages
Page 111 - that whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification, or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention...
Page 1 - Any person who has invented or discovered any new and useful art, machine, manufacture, or composition of matter...
Page 1 - ... not known or used by others in this country before his invention or discovery thereof, and not patented or described in any printed publication in this or any foreign country before his invention or discovery thereof...
Page 104 - If, in the eye of an ordinary observer, giving such attention as a purchaser usually gives, two designs are substantially the same, if the resemblance is such as to deceive such an observer, and sufficient to induce him to purchase one, supposing it to be the other, the one first patented is infringed by the other.
Page 141 - The taking out of a patent which has, as the law requires it to have, a specific claim, is notice to all the world, of the most public and solemn kind, that all those parts of the art, machine, or manufacture set out and described in the specification and not embraced in such specific claim, are not claimed by the patentee, — at least not claimed in and by that patent.
Page 111 - The Commissioner may, in his discretion, cause several patents to be issued for distinct and separate parts of the thing patented, upon demand of the applicant, and upon payment of the required fee for each division.
Page 1 - Office, to any person who has invented or discovered any new and useful art. machine, manufacture, or composition of matter or any new and useful Improvement thereof, not known or used by others in this country, and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale for more than two years prior to his application, unless the same is proved to have been abandoned...
Page 131 - ... the Commissioner shall on the surrender of such patent and the payment of the duty required by law, cause a new patent for the same invention, and in accordance with the corrected specification, to be issued to the patentee...
Page 100 - Strong, that the acts of Congress authorizing the granting of patents for designs contemplated " not so much utility as appearance, and that, not an abstract impression, or picture, but an aspect given to those objects mentioned in the acts. . . . And the thing invented or produced, for which a patent is given, is that which gives a peculiar or distinctive appearance to the manufacture, or article to which it may be applied, or to which it gives form.
Page 111 - And the patent so reissued, together with the corrected description and specification, shall have the same effect and operation in law, on the trial of all actions hereafter commenced for causes subsequently accruing, as though the same had been originally filed in such corrected form, before the issuing of the original patent.