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" Whenever any patent is inoperative or invalid, by reason of a defective or insufficient specification. or by reason of the patentee claiming as his own invention or discovery more than he had a right to claim as new... "
Scientific American Reference Book - Page 237
by Albert Allis Hopkins - 1904 - 516 pages
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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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The Federal Reporter: Cases Argued and Determined in the ..., Volumes 5-6

Law reports, digests, etc - 1881 - 1980 pages
...as new more than the patentee had a right to claim, and the error sought to be corrected must have arisen by inadvertence, accident, or mistake, and without any fraudulent or deceptive intention ; and where the original shows upon its face that the grounds for a re-issue do not exist, or where...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 6

Law - 1881 - 1116 pages
...of 1870, embodied in the Revised Statutes (under which the re-issue was granted), provides that, ' ' Whenever any patent is inoperative or invalid, by...arisen by inadvertence, accident, or mistake, and withont any fraudulent or deceptive intention, the Commissioner shall, on the surrender of such patent...
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Pacific Coast Law Journal: Containing All the Decisions of the ..., Volume 6

Law - 1881 - 1112 pages
...can only be had when the original patent is inoperative or invalid from one of two causes — either by reason of a defective or insufficient specification,...discovery more than he had a right to claim as new. And even then the patentee can only obtain a re-issue where the error has arisen from inadvertence,...
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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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Reports of Patent Causes: Decided in the Circuit Courts of the ..., Volume 2

Hubert Ashley Banning, United States. Circuit Courts - Law reports, digests, etc - 1882 - 752 pages
...or covered by his claim. The statute of 1870, under which these reissues were granted, provides that whenever any patent is inoperative or invalid by reason...if the error has arisen by inadvertence, accident, qr mistake, and without any fraudulent or deceptive intention, the Commissioner "shall, on surrender...
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Reissued Patents: Comments on the Decision of the U. S. Supreme Court in the ...

Henry Howson - Patent laws and legislation - 1882 - 120 pages
...the law on this subject when the reissue in the present case was granted, was in the following words: "Whenever any patent is inoperative or invalid by...claiming as his own invention or discovery, more than he has a right to claim as new, if the error has arisen by inadvertence, accident, or mistake, and without...
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Reports of Cases Decided in the Circuit and District Courts of the ..., Volume 6

Lorenzo Smith Boswell Sawyer, United States. Circuit Court (9th Circuit) - District courts - 1882 - 718 pages
...under the II. S., when the original patent is inoperative, or invalid from one of two causes, either by reason of a defective or insufficient specification,...discovery, more than he had a right to claim as new — and even then only where the error has arisen from inadvertence, accident, or mistake, and without...
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