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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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The Law of Contracts, Volume 2

Theophilus Parsons - Contracts - 1893 - 974 pages
...inventor or discoverer of any material and substantial part of the thing patented ; or 5th. 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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Modern Pleading and Practice in Equity in the Federal and State ..., Volume 1

Charles Fisk Beach (Jr.) - Equity pleading and procedure - 1894 - 800 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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Statutes of the United States of America

United States - Law - 1897 - 450 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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Electrical Engineering, Volume 8

1896 - 424 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...a patent, or had been abandoned to the public. The usual defenses in suits for infringement of patents are, first, that the patent is invalid because...
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Appletons' Annual Cyclopaedia and Register of Important Events

Encyclopedias and dictionaries - 1899 - 890 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...
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The Encyclopaedia of Pleading and Practice: Under the Codes and ..., Volume 16

Civil procedure - 1899 - 1242 pages
...substantial part of the thing patented. Prior Us¿, Stile, or Abandonment. — That it had been in public u=e or on sale in this country for more than two years...for a patent, or had been abandoned to the public. Act July 8, 1870, § 61, re-enacted in US Rev. Stat., § 4ч-1 ч amended slightly in Supp. US Rev....
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Encyclopedia of Forms and Precedents for Pleading and Practice ..., Volume 13

William Henry Michael, William Mack, Howard Pervear Nash, Thomas Edward O'Brien, James Cockcroft - Civil procedure - 1901 - 1042 pages
...Prior Use — Generally. — Defendant, under the notice of special matter, may prove that the article had been in public use or on sale in this country...for a patent or had been abandoned to the public. US Rev. Stat. (1878), §4920, subs. 5. But where plaintiff fails to aver an abandonment or that such...
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A Treatise on Federal Practice: Including Practice in Bankruptcy, Admiralty ...

Roger Foster - Courts - 1901 - 1000 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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Cases Argued and Decided in the Supreme Court of the United ..., Volumes 143-146

United States. Supreme Court - Law reports, digests, etc - 1901 - 1504 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...two years before his application for a patent, or bad been abandoned to the public." Taking all these provisions of the patent ¡aw together, we think...
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Publications Relating to Patents and Trade Marks

Richards & Co. (New York, N.Y.) - Patents - 1904 - 572 pages
...inventor or discoverer of anv material and substantial part of the thing patented ; or Hfth. 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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