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" Fifth. That it had been in public use or on sale in this country for more than two years before his application for a patent, or had been abandoned to the public. "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Page 242
by United States. Patent Office - 1919
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United States Reports: Cases Adjudged in the Supreme Court, Volume 112

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1885 - 844 pages
...inventor or discoverer of any material and substantial part of the thing patented; or, " 5. That it had been in public use or on sale in this country...patent, or had been abandoned to the public." The statute also requires the defendant in such cases to give the patentee notice with great particularity...
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Supreme Court Reporter, Volume 6

United States. Supreme Court - Law reports, digests, etc - 1886 - 1238 pages
...inventor or discoverer of any material and substantial part of the thing patented ; or (5) that it had been in public use or on sale in this country...patent, or had been abandoned to the public." The statute also requires the defendant in such cases to give the patentee notice with great particularity...
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Text-book of the Patent Laws of the United States of America

Albert Henry Walker - Patent laws and legislation - 1889 - 852 pages
...inventor or discoverer of any material and substantial part of the thing patented ; or, Fifth. That it had been in public use or on sale in this country,...for a patent, or had been abandoned to the public. And in notices as to proof of previous invention, knowledge, or use of the thing patented, the defendant...
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Supreme Court Reporter, Volume 9

United States. Supreme Court - Law reports, digests, etc - 1889 - 860 pages
...material and substantial part of the thing patented; or, fifth, that it had been in public use orĂ³n sale in this country for more than two years before...for a patent, or had been abandoned to the public." Prior to the year 1836, from the earliest enactments of patent law, certain provisions had been incorporated...
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Decisions on the Law of Patents for Inventions Rendered by [English Courts ...

United States. Supreme Court - Law reports, digests, etc - 1890 - 718 pages
...inventor or discoverer of any material and substantial part of the thing patented ; or, "5. That it had been in public use or on sale in this country...a patent or had been abandoned to the public." The statute also requires the defendant in such cases to give the patentee notice with great particularity...
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Reports of Cases Decided in the Circuit and District Courts of ..., Volume 13

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1890 - 704 pages
...first inventor or discoverer of any material and substantial part of the thing patented. (5) That it had been in public use or on sale in this country...for a patent, or had been abandoned to the public. If any one or more of the special matters alleged shall be found for the defendant, judgment shall...
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The Law of Patents for Useful Inventions, Volume 3

William Callyhan Robinson - Patent laws and legislation - 1890 - 952 pages
...inventor or discoverer of any material and substantial part of the thing patented ; (5) That the invention had been in public use or on sale in this country...application for a patent or had been abandoned to the public.1 The relation of these states of fact to the defences already enumerated demands attention...
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A Treatise on Federal Practice in Civil Causes: With Special ..., Volume 1

Roger Foster - Courts - 1892 - 812 pages
...inventor or discoverer of any material and substantial part of the thing patented ; or, fifth, that it had been in public use or on sale in this country...for a patent, or had been abandoned to the public. And in notices as to proof of previous invention, knowledge, or use of the thing patented, the defendant...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volume 143

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1892 - 762 pages
...may plead under the general issue in actions for infringement, there is included the defence "that it had been in public use or on sale in this country...for a patent, or had been abandoned to the public." Taking all these provisions of the patent law together, we think it was manifestly the intention of...
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United States Supreme Court Reports, Volume 36

United States. Supreme Court - Law reports, digests, etc - 1892 - 1132 pages
...may plead under the general issue in aciions for infringement, there is included the defense "that it had been in public use or on sale in this country...years before his application for a patent, or had been abuudoned to the public." Taking all these provisions of the patent law together, we think it was manifestly...
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