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" ... or by reason of the patentee claiming as his invention or discovery more than he had a right to claim as new, the original patent is inoperative or invalid, provided the error has arisen from inadvertence, accident, or mistake, and without any fraudulent... "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Page 228
by United States. Patent Office - 1872
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Parliamentary Papers, Volume 36

Great Britain. Parliament. House of Commons - Bills, Legislative - 1854 - 480 pages
...provision is one liable to entail great abuses. Section 13 of the Act of 4th July, 1830, enacts that when a patent is inoperative, or invalid by reason of a defective or insufficient description or specification, if the error arise from inadvertency, accident, or mistake, and without...
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Cases Decided in the Court of Claims of the United States, Volume 66

United States. Court of Claims - Law reports, digests, etc - 1929 - 868 pages
...inoperative. In this connection note Revised Statutes 4916, the significant portion of which is as follows : " Whenever any patent is inoperative or invalid, by...defective or insufficient specification, or by reason Opinion of the Court of the patentee claiming as his own invention or discovery more than he had a...
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The Central Law Journal, Volume 12

Law - 1881 - 638 pages
...in the re-issued patent; that the intent of the law was to allow a correction to be made "whenever a patent is Inoperative, or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee's claiming in his specirtcation as his own...
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Patent Cases Determined in the Supreme Court of the United States ..., Volume 2

Charles Sidney Whitman - Copyright - 1875 - 814 pages
...under the thirteenth section of the Patent Act, (5 Stat. at Large, 122,) which permits a patentee, whenever any patent is "inoperative or invalid by reason of a defective or insufficient description or specification, or by reason of the patentee claiming in his specification as his own...
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Reports of Cases Argued and Determined in the Circuit Court of ..., Volume 14

United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1879 - 644 pages
...the Commissioner of Patents, under section 53 of the Patent Act of 1870. That the original patent was inoperative or invalid, by reason of a defective or...insufficient specification, or by reason of the patentee Herring v. Nelson. claiming, as his own invention or discovery, more than heliad a right to claim as...
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The Federal Reporter, Volume 119

Law reports, digests, etc - 1903 - 1116 pages
...identically the same averments, to wit: The original patent was inoperative or invalid by reason of defective or insufficient specification, or by reason of the patentee claiming as his own Invention more than he had a right to claim as new; that such error arose by Inadvertence, accident, or mistake,...
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Reports of Cases Determined in the Circuit Court of the United States for ...

United States. Circuit Court (1st Circuit), William Henry Clifford - Law reports, digests, etc - 1880 - 728 pages
...99 ; Parham v. Buttonhole Co., 4 Fish. 471. The patent law provides for the new matter by saying, " Whenever any patent is inoperative or invalid, by...reason of a defective or insufficient specification," . .' . "a new patent may issue in accordance with the corrected specification." The Patent Office model...
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The Federal Reporter, Volume 124

Law reports, digests, etc - 1903 - 1112 pages
...validity. Section 4916, Rev. St. US [US Comp. St. 1901, p. 3393], provides as follows : "Sec. 4916. Whenever any patent is inoperative or invalid, by reason of a defective or insuflicient specification, or by reason of the patentee claiming as his own invention or discovery...
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Reports of Patent Causes: Decided in the Circuit Courts of the ..., Volume 1

Hubert Ashley Banning, United States. Circuit Courts - Law reports, digests, etc - 1881 - 746 pages
...instrumentalities, or the mode of operation described in the specification. 1. Patentees, whenever their patent is inoperative or invalid, by reason of a defective...reason of the patentee claiming as his own invention more than he had a right to claim, as new, may surrender such patent, if the error arose by inadvertence,...
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United States Reports, Supreme Court: Cases Argued ..., Volume 12; Volume 102

United States. Supreme Court - Law reports, digests, etc - 1881 - 822 pages
...been abused and subverted. The intent of the law was to allow a correction to be made " whenever a patent is inoperative, or invalid, by reason of a defective or insufficient description or specification, or by reason of the patentee's claiming in his specification as his own...
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