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" Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth. "
The Federal Reporter - Stran 386
1917
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The Federal Reporter: Cases Argued and Determined in the ..., Količine 243–244

1917 - 2042 strani
...Co. (CCA 7) 213 Fed. 471, 476. 130 CCA 117 ; Alvord v. Smith (D. Cj 216 Fed. 150, 154. "Fourth. Tbat he was not the original and first Inventor or discoverer of any material and substantial parts Of the thing patented." Since an invention is not "patented" and the patent is not "published"...
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Trial Evidence: The Rules of Evidence Applicable on the Trial of Civil ...

Austin Abbott - 1880 - 928 strani
...prior to his supposed invention or discovery thereof ; or, "Fourth. That he was not the original or first inventor or discoverer of any material and substantial part of the thing patented ; or, '•'Fifth. That it had been in public use or on sale in this country for more than two years...
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The Federal Reporter: Cases Argued and Determined in the ..., Količine 9–10

1882 - 1904 strani
...defendant, in an action for infringement, is authorized to prove on the trial that the complainant was not the original and first inventor or discoverer of any material or substantial part of the thing patented ; but this must be done, subject to the limitations imposed...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - 1880 - 728 strani
...described in some printed publication prior to the supposed invention or discovery. 2. That the patentee was not the original and first inventor or discoverer of any material or substantial part of the thing patented. 3. That the invention had been in public use or on sale...
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Reports of Patent Causes: Decided in the Circuit Courts of the ..., Količina 1

Hubert Ashley Banning, United States. Circuit Courts - 1881 - 746 strani
...w1th a certain specified effect. Among the defences specified in the section are, that the patentee " was not the original and first inventor or discoverer...material and substantial part of the thing patented," and " that it had been in public use or on sale in this country, for more than two years before his...
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In the Circuit Court of the United States, in and for the Southern District ...

Christopher C. Campbell - 1881 - 944 strani
...each and every part thereof, are void, and of no effect in law, because that the said alleged inventor was not the original and first inventor or discoverer of any material or substantial part of the said alleged invention or discovery; but that the same, and every material...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1883 - 616 strani
...special matter, which may be given in evidence under the general issue (section 4020, fourth clause), "that he was not the original and first inventor or discoverer of any material or substantial part of the thing patented," and it is not necessary to show under this defense that...
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The Law of Patents, Trade-marks, Labels and Copy-rights: Consisting of the ...

Orlando Bump - 1884 - 912 strani
...described in some printed publication prior to his supposed invention or discovery thereof; or, Fourth. That he was not the original and first inventor or...material and substantial part of the thing patented ; or, Fifth. That it had been in public use or on sale in this country for more than two years before...
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United States Reports: Cases Adjudged in the Supreme Court, Količina 128

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1889 - 768 strani
...described in some printed publication prior to his supposed invention or discovery thereof ; or, " Fourth. That he was not the original and first inventor or...material and substantial part of the thing patented ; or, " Fifth. That it had been in public use or on sale in this country for more than two years before...
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United States Reports: ... and Rules Announced at ...

United States. Supreme Court - 1885 - 844 strani
...publication prior to his supposed invention or discovery thereof; or, Dissenting Opinion : Miller, J. " 4. That he was not the original and first inventor or...material and substantial part of the thing patented ; or, " 5. That it had been in public use or on sale in this country for more than two years before...
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