 | United States. War Department - 1876 - 442 pages
...diligence in adapting and perfecting the same ; or, Third. That it had been patented or described in some printed publication prior to his supposed invention...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... | |
 | United States. Patent Office - Copyright - 1910 - 642 pages
...fact Invented by another, who was using reasonable diligence in adapting and perfecting the same ; or * * * Fourth. That he was not the original and...material and substantial part of the thing patented » * * And the like defenses may be pleaded in any suit In equity for relief against an alleged infringement.... | |
 | United States. Patent Office - Copyright - 1918 - 476 pages
...discovery thereof, or (6) more than two years prior to his application for a patent therefor. * * * Fourth. That he was not the original and first inventor or discoverer of any material and substantial part1 of the thing patented. Since an invention is not " patented " and the patent is not " published... | |
 | Charles Sidney Whitman - Copyright - 1871 - 734 pages
...diligence in adapting and perfecting the same ; or, Third. That it had been patented or described in some printed publication prior to his supposed invention...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... | |
 | William Edgar Simonds - Patent laws and legislation - 1874 - 264 pages
...in adapting " and perfecting the same; or, "Third, — That it had been patented or described in " some printed publication prior to his supposed invention..."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,... | |
 | United States. Patent Office - Copyright - 1879 - 530 pages
...Congress, of which the following are material to be noticed in the present casei 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... | |
 | 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 or...material and substantial part of the thing patented" (fourth par. Id.), whether the anticipating object is patented or unpatented. The statute makes no... | |
 | Austin Abbott - Action and defenses - 1880 - 928 pages
...diligence in adapting and perfecting the same; or, " Third. That it liad been patented or described in some printed publication prior to his supposed invention...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.... | |
 | Law reports, digests, etc - 1882 - 1904 pages
...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... | |
 | Law reports, digests, etc - 1917 - 2042 pages
...two classes now material are: "Third [a] that It [the Invention] had been patented or described in some printed publication prior to his supposed invention or discovery thereof, or [b] more than two years prior to his application for a patent therefor. * • • 2 Bates v. Coe, 98... | |
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Second. That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, 
