 | Asa Kinne - Courts - 1852 - 736 pages
...had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting, and perfecting' the same ; or that the patentee, if an alien at the time the patent was granted, had failed and neglected for the... | |
 | Simon Greenleaf - Evidence (Law) - 1854 - 784 pages
...had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the same ; or (7.) that the patentee, if an alien at the time the patent was granted, had failed and neglected, for... | |
 | Clement W. Bennett - Bounties, Military - 1854 - 564 pages
...had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the same; or that the patentee, if nn alien at the time the patent was granted, had failed and neglected, for the... | |
 | George Ticknor Curtis - Patent laws and legislation - 1854 - 718 pages
...had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the same." This provision was intended to embrace the case of a patent being obtained fraudulently, when the party... | |
 | Nathan Howard (Jr.) - Civil procedure - 1860 - 620 pages
..."had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another who was using reasonable diligence in adapting and perfecting the same." The ruling of the court below turns on these two previsions of the law : I. There is some difficulty... | |
 | United States. Supreme Court - Law reports, digests, etc - 1909 - 746 pages
...had surreptitiously or unjustly obtained the patent for thut which was in fact invented or discovered by another who was using reasonable diligence in adapting and perfecting the same, "in either of which cases" the act declares that "judgment shall be rendered for the defendant." It... | |
 | United States. Court of Claims - Law reports, digests, etc - 1928 - 766 pages
...attorney thirty days before, may prove on trial any one or more of the following special matters: ***** " Third. That it had been patented or described in some printed publication prior to his supposed discovery thereof. Syllabus or more than two years prior to his application for patent therefor." Aside... | |
 | George Ticknor Curtis - Patent laws and legislation - 1867 - 684 pages
...had sureptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the same." This provision was intended to embrace the case of a patent being obtained fraudulently, when the party... | |
 | United States. Circuit Court (2nd Circuit) - Law reports, digests, etc - 1868 - 624 pages
..."had surreptitiously or unjustly obtained the patent for that which was in fact invented or discovered by another, who was using reasonable diligence in adapting and perfecting the Fhelps v. Brown. same." The instructions of the Court to the jury turn on these two provisions ofthe... | |
 | United States. Patent Office - Copyright - 1910 - 642 pages
...fact Invented by another, who was using reasonable diligence in adapting and perfecting the same ; or * * * Fourth. That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented ยป * * And the like defenses may be pleaded in any suit... | |
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That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, Third. 
