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" But a mere carrying forward or new or more extended application of the original thought, a change only in form, proportions or degree, the substitution of equivalents, doing substantially the same thing in the same way by substantially the same means... "
Albany Law Journal - Page 232
1885
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The Federal Reporter, Volume 85

Law reports, digests, etc - 1898 - 1020 pages
...321,390, as claimed by defendants' counsel; nor was it "a change only in form, proportion, or degree, doing substantially the same thing, in the same way, by substantially the same means," as patent No. 321.390. It is true that it was a patent for new combinations of what were old elements...
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The Federal Reporter, Volume 138

Law reports, digests, etc - 1905 - 1044 pages
...carrying forward a now or more extended application of the original thought, a change only in form, proportions, or degree, the substitution of equivalents doing substantially the same thing ln the same way by substantially the same means, with better results, is not such invention as will...
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The Federal Reporter, Volume 78

Law reports, digests, etc - 1897 - 1060 pages
...better results; but it still appears to be a change only in form, the substitution of equivalents doing the same thing in the same way by substantially the same means. According to Smith v. Nichols, 21 Wall. 78 FEDERAL REPORTER. 119, such improvement is not such invention...
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The Federal Reporter

Law reports, digests, etc - 1926 - 1132 pages
...sufficient disclosure of a combination amounting to invention, a substitution by a subsequent claimant of equivalents, doing substantially the same thing in the same way by substantially the same means, but with better results, is not a patentable combination or invention. Van Elpps v. United Box Board...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1927 - 306 pages
...carrying forward or new or more extended application of the original thought, a change only in form, proportions or degree, the substitution of equivalents,...thing in the same way by substantially the same means icith 'better results, is not such an invention as will sustain a patent. It is observed in connection...
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Patents: From the Article on this Subject in the Encyclopedia of United ...

J. N. Claybrook - Law reports, digests, etc - 1927 - 224 pages
...mere carrying forward of the original thought, a change only in form, proportions, or degree, doing the same thing in the same way, by substantially the same means, with better results, is not such an invention as will sustain a patent.84 a support where it was needed, where the mechanical device...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1927 - 410 pages
...sufficient disclosure of a combination amounting to invention a substitution by a subsequent claimant of equivalents, doing substantially the same thing in the same way by substantially the same means, but with better results, is not a patentable combination or invention. Van Epps v. United States Box...
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Court of Customs and Patent Appeals Reports

United States. Court of Customs and Patent Appeals - Customs administration - 1933 - 584 pages
...structures. - .Thei board cited Smith v. Nichols, 21 Wall. 112, and quoted therefrom as follows: tially the same means with better results, is not such invention as will sustain a patent. Appellant does not contend that his disclosure shows any single new element, but contends that the...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1946 - 772 pages
...proportions, or degree, which merely results in the substitution of equivalents doing the same thing by substantially the same means with better results, is not such "invention" as will sustain a patent over the prior art. None of the references cited by the examiners in the case at bar discloses the...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - Copyright - 1947 - 712 pages
...carrying forward or new or more extended application of the original thought, a change only in form, proportions, or degree, the substitution of equivalents, doing substantially the same thing in the flame way by substantially the same means with better results, is not such invention as will sustain...
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