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" Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth. "
A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty ... - Page 339
by Roger Foster - 1901
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Annual Reports of the War Department, Volume 3

United States. War Department - 1876 - 442 pages
...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....a patent, or had been abandoned to the public. And the said United States may plead the same defenses in any action brought under this act as are allowed...
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Cases Decided in the Court of Claims of the United States, Volume 64

United States. Court of Claims - Law reports, digests, etc - 1928 - 766 pages
...difficulty lying in the ascertainment of the fact. The statute uses the significant words " in public use or on sale in this country for more than two years before his application." Judicial precedent establishes beyond disputation that the designed purpose of the law was to preclude...
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Cases Decided in the Court of Claims of the United States, Volume 87

United States. Court of Claims - Law reports, digests, etc - 1939 - 836 pages
...invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, and of which the plaintiff was in fact the original, first, and sole inventor....
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Information to Persons Having Business to Transact at the Patent Office

United States. Patent Office - Patent laws and legislation - 1888 - 132 pages
...publication, and shall also make oath that he does not know and does not believe that the invention has been in public use or on sale in this country for more than two years prior to his application, and that he has never abandoned the invention, then the patent or publication...
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Patent Laws and Practice of Obtaining Letters Patent for Inventions in the ...

Charles Sidney Whitman - Copyright - 1871 - 734 pages
...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 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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Information to Persons Having Business to Transact at the Patent Office

United States. Patent Office - Patent laws and legislation - 1907 - 132 pages
...an application filed more than four months before his application in this country, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, upon payment of the fees...
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A Brief Inquiry Into the Principles, Effect, and Present State of the ...

Henry Howson, Charles Howson - Copyright - 1872 - 128 pages
...discovery by the party claiming it as his own, unless he has allowed it to be in public use or on sale for more than two years before his application for a patent, or has at any time before such application by a voluntary and deliberate act abandoned it to the public....
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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...in this country for more than two years before his appli" cation for a patent, or had been abandoned to the " public. " And in notices as to proof of...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 11

United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1874 - 622 pages
...and first inventor or discoverer of any maierial and substantial part of the thing patented," and " that it had been in public use or on sale in this...for a patent, or had been abandoned to the public." As to notice in the answer, the section requires, that, in giving such notice as to proof of previous...
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The Central Law Journal, Volume 46

Law - 1898 - 562 pages
...in this or any foreign country, for more than two years prior to his application, and not In public use or on sale In this country for more than two years prior to his application, may, upon payment of the fees required by law, and other due proceedings...
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