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" A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter... "
Court of Appeals for the Federal Circuit, 1981: Hearings Before the ... - Page 130
by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice - 1981 - 838 pages
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Cases Decided in the United States Court of Claims ... with ..., Volume 138

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1958 - 966 pages
...not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and...said subject matter pertains. Patentability shall 138 C. cis. Opinion of the Court not be negatived by the manner in which the invention was made. The...
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American Patent System: Hearings Before the Subcommittee on Patents ...

United States. Congress. Senate. Committee on the Judiciary - Patent laws and legislation - 1956 - 440 pages
...Office are controlled, or at least should be controlled, by section 103, viz : "* * * if the differences between the subject matter sought to be patented and...person having ordinary skill in the art to which said matter pertains." Here the Patent Office takes the position that the examiner is in fact a person having...
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Committee Prints

United States. Congress. Senate. Committee on the Judiciary - 1960 - 900 pages
...Patent Act to determine, from the language of the statute, whether "the differences between the subject sought to be patented and the prior art are such that...in the art to which said subject matter pertains." This requires the application of the correct legal criteria to the factual determination made by the...
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An Analysis of Patent Litigation Statistics

United States. Congress. Senate. Committee on the Judiciary - Government publications - 1961 - 40 pages
...Patent Act to determine, from the language of the statute, whether "the differences between the subject sought to be patented and the prior art are such that...in the art to which said subject matter pertains." This requires the application of the correct legal criteria to the factual determination made by the...
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Drug Industry Antitrust Act: Hearings Before the Subcommittee on Antitrust ...

United States. Congress. Senate. Committee on the Judiciary - Antitrust law - 1961 - 1442 pages
...validity is but vaguely denned. In the words of the statute, the question of patentability is whether "the subject matter sought to be patented and the...in the art to which said subject matter pertains." u Despite repeated efforts to formulate objective tests of invention, the test remains highly subjective...
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Drug Industry Antitrust Act, 87-1&2

United States. Congress. Senate. Judiciary - Antitrust law - 1961 - 1928 pages
...validity is but vaguely defined. In the words of the statute, the question of patentability is whether "the subject matter sought to be patented and the...in the art to which said subject matter pertains."" Despite related efforts to formulate objective tests of invention, the test remains highly subjective...
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Cases Decided in the United States Court of Claims ... with ..., Volume 229

United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1963 - 954 pages
...validity of the patent by arguing that the differences between the subject matter of the claims in issue and the prior art are such that the subject matter as a whole would have been obvious in about 1966 to a person having ordinary skill in the transponder and...
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Study of Drug Purchase Problems and Policies, Volumes 1-4

Raymond F. Clapp - Drug trade - 1966 - 108 pages
...described as set forth in ction 102, if the differences between the subject matter sought to be tented and the prior art are such that the subject matter as a whole uld have been obvious to a person having ordinary skill in the art to ich said subject matter...
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Patent Law Revision: Hearings Before the Subcommittee on Patents, Trademarks ...

United States. Congress. Senate. Committee on the Judiciary - 1973 - 732 pages
...not be obtained though the invention is not identically disclosed or described ... if the differences between the subject matter sought to be patented and...in the art to which said subject matter pertains." ** This is simply a legislative restatement of the Hotchkis» test. The Suprf.iie Court had consistently...
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Patent Law Revision: Hearings, Ninety-third Congress, First Session ...

United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Patents, Trademarks, and Copyrights - Government publications - 1974 - 732 pages
...not be obtained though the invention is not identically disclosed or described ... if the differences between the subject matter sought to be patented and...in the art to which said subject matter pertains." " This is simply a legislative restatement of the Hotchkiss test. The Supreme Court had consistently...
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