 | United States. Supreme Court - Law reports, digests, etc - 1919 - 660 pages
...repugnancy between the old and tlie new patent that it must be held, as matter of legal construction, that the reissued patent is not for the same invention as that embraced and secured in the original patent, then the reissued patent is invalid. Whether a reissued... | |
 | George Ticknor Curtis - Patent laws and legislation - 1867 - 684 pages
...existence of defects in the former patent can be inquired into, the defendant is at liberty to show that the reissued patent is not for the same invention as that covered by the surrendered one. But if, on the other hand, the commissioner's action in the matter... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1873 - 626 pages
...defendant's claim, that the several reissues of the original patent of 1854 are void, because they are not for the same invention as that described in the original patent record. The original patent embraced, as an aggregate combination, several parts of the entire machine... | |
 | Dentistry - 1874 - 542 pages
...consequently when it appears on a comparison of the two instruments as matter of legal construction that the reissued patent is not for the same invention as that embraced and secured in the original patent, the reissued patent is invalid, as that state of facts... | |
 | Charles Sidney Whitman - Copyright - 1875 - 814 pages
...invention, and consequently where it appears on a comparison of the two instruments, as matter of law, that the reissued patent is not for the same invention as that embraced and secured in the original patent, the reissued patent is invalid, as that state of facts... | |
 | United States. Patent Office - Copyright - 1877 - 678 pages
...in cultivators," granted to Julius Gerber, April 26, 1870, upon an original patent issued to Imlns R. Smith, dated April 24, 1860. The answer denies...This frame worked freely above the axle, the axle gaging the de'pth which the shovels could run into the ground. The claim was for the combination of... | |
 | Jabez S. Holmes - Law reports, digests, etc - 1877 - 596 pages
...consequently, when it appears on a comparison of the two instruments, as matter of legal construction, that the reissued patent is not for the same invention as that embraced and secured in the original patent, the reissued patent is invalid, as that state of facts... | |
 | Law reports, digests, etc - 1884 - 676 pages
...claims 1 and 3 of the reissue is insisted on. It is set up as a defense in the answer that the reissue is not for the same invention as that described in the original patent. The apparatus used by the defendant is constructed in accordance with the description contained in two... | |
| |
Reissued letters patent must, by the express words of the section authorizing the same, be for the same invention, and consequently where it appears on a comparison of the two instruments, as matter of law, that the reissued patent is not for the same... 
