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" That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth. "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Page 30
by United States. Patent Office - 1919
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Annual Reports of the War Department, Volume 3

United States. War Department - 1876 - 442 pages
...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 discoverer of any material aud substantial part of the thing patented ; or, Fifth. That it had been in public use or on sale in...
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Patent Laws and Practice of Obtaining Letters Patent for Invention: In the ...

Charles Sidney Whitman - Copyright - 1871 - 736 pages
...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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Patent Laws and Practice of Obtaining Letters Patent for Inventions in the ...

Charles Sidney Whitman - Copyright - 1871 - 734 pages
...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...of any material and substantial part of the thing paten ted; or, Fifth. That it had been in public use or on sale iu this country for more than two years...
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A Brief Inquiry Into the Principles, Effect, and Present State of the ...

Henry Howson, Charles Howson - Copyright - 1872 - 128 pages
...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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Manual of Patent Law: With an Appendix Upon the Sale of Patents

William Edgar Simonds - Patent laws and legislation - 1874 - 264 pages
...invention " or discovery thereof; or, "Fourth,- — -That he was not the original and first in" ventor 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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Patent Cases Determined in the Supreme Court of the United States ..., Volume 2

Charles Sidney Whitman - Copyright - 1875 - 814 pages
...described in some printed publication prior to his supposed invention or discovery theieof; 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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Official catalogue of the British section

Philadelphia internat. exhib, 1876 - 1876 - 960 pages
...described in some printed publication prior to bis 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 j**n before...
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Annual Report (or Report) of the Secretary of War, Volume 3

United States. War Department - 1877 - 1084 pages
...described iu 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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The Federal Reporter, Volume 243

Law reports, digests, etc - 1917 - 1038 pages
...another, who was using reasonable diligence in adapting and perfecting the same" (second par. § 4920), or that "he was not the original and first inventor...device is held, that the statute treats as a defense. As Judge Colt said in Automatic Weighing Mach. Co. v. Pneumatic Scale Corp., supra, 166 Fed. at 301,...
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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 243-244

Law reports, digests, etc - 1917 - 2042 pages
...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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