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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... "
Rules of Practice of the United States Patent Office in Patent Cases - Page 23
by United States. Patent Office - 1960
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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
...improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title. §103 — Conditions for patentability; nonobvious...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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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1964 - 972 pages
...part : A patent may not be obtained though the Invention is not identically disclosed or described aa set forth in section 102 of this title. If the differences...In the art to which said subject matter pertains. • • • [Emphasis supplied.] 4 In the prosecution of the Instant case, appellants state in their...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1957 - 464 pages
...Doppelt, 120 F. 2d 50, 52 (7th Cir. 1941). Section 103, 35 USC, 1952 ed., reads as follows : "Section 103. Conditions for patentability ; non-obvious subject...the prior art are such that the subject matter as a •whole have been obvious at the time the invention was made to a person having ordinary •kill in...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1954 - 480 pages
...something unobvious. 35 USC 103. Refusal of a patent is proper, under the new law, as it was under the old, if the differences between the subject matter sought...the prior art are such that the subject matter as a whole would have been obvious at the time the alleged invention was made to a person having ordinary...
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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
...can be amended by inserting before the first line thereof, the following : "A patent may be obtained if the differences between the subject matter sought...the prior art are such that the subject matter as a whole would not have been obvious at the time the invention was made to a person having ordinary skill...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1958 - 504 pages
...from a time prior to conception by the other. Section 103. Conditions for patentability nonobvions subject matter A patent may not be obtained though...in the art to which said subject matter pertains. * * * Appellant had the opportunity during his interference with the Coakwell application to place...
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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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Committee Prints

United States. Congress. Senate. Committee on the Judiciary - 1960 - 898 pages
...invention. This is for the reason that, even though an invention Is "new and useful" it is not patentable "if the differences between the subject matter sought...the prior art are such that the subject matter as a whole would have been obvious at the time the Invention was made to a person having ordinary skill...
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Government Assistance to Invention and Research: A Legislative History ...

United States. Congress. Senate. Judiciary - 1960 - 1034 pages
...invention. This is for the reason that, even though an invention is "new and useful" it is not patentable "if the differences between the subject matter sought...the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill...
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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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