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" That he was not the original and first inventor or discoverer of any material and substantial part of the thing patented; or, Fifth. "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Page 30
by United States. Patent Office - 1919
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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
...described in some printed publication prior to his supposed invention or discovery thereof ; or, Fourth. That he was not the original and first inventor or...material and substantial part of the thing patented ; or, Fifth. That it had been in public use or on sale in this country for more than two years before...
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Supreme Court Reporter, Volume 9

United States. Supreme Court - Law reports, digests, etc - 1889 - 860 pages
...described in some printed publication prior to his supposed invention or discovery thereof; of, fourth, that he was not the original and first inventor or...material and substantial part of the thing patented; or, fifth, that it had been in public use orón sale in this country for more than two years before...
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The Law of Patents for Useful Inventions, Volume 3

William Callyhan Robinson - Patent laws and legislation - 1890 - 952 pages
...or described in some printed publication prior to his supposed invention or discovery thereof ; (4) That he was not the original and first inventor or...material and substantial part of the thing patented ; (5) That the invention had been in public use or on sale in this country for more than two years...
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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
...Statutes, under which the first and second of the defenses are pleaded, are as follows : — " (4) That he was not the original and first inventor or...material and substantial part of the thing patented. (5) That it had been in public use or on sale in this country for more than two years before his application...
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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
...described in some printed publication prior to his supposed invention or discovery thereof ; or, '' 4. That he was not the original and first inventor or...material and substantial part of the thing patented ; or, "5. That it had been in public use or on sale in this country for more than two years before...
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United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

Appellate courts - 1918 - 728 pages
...Lily Co. (CCA 7) 213 Fed. 471, 476, 130 CCA 117 ; Alvord v. Smith (I). a) 216 Fed. 150, 154. "Fourth. That he was not the original and first Inventor or discoverer of any material and substantial parts of the thing patented." Since an invention is not "patented" and the patent is not "published"...
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A Treatise on Federal Practice in Civil Causes: With Special ..., Volume 1

Roger Foster - Courts - 1892 - 812 pages
...publication prior to his supposed invention or discovery thereof ; or, fourth, that he was not the originator and first 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 more than two years before...
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The Law of Contracts, Volume 2

Theophilus Parsons - Contracts - 1893 - 974 pages
...described in some printed publication prior to his supposed invention or discovery thereof ; or, 4th. That he was not the original and first inventor or...material and substantial part of the thing patented ; or 5th. That it had been in public use or on sale in this country for more than two years before...
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Commentaries on the Law of Persons and Personal Property: Being an ...

Theodore William Dwight - Personal property - 1894 - 940 pages
...printed publication prior to the plaintiff's supposed invention or discovery. (4) That the plaintiff was not the original and first inventor or discoverer...material and substantial part of the thing patented. (5) That it had been in public use or on sale in this country for more than two years before the application...
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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
...publication prior to his supposed invention or discovery thereof; or fourth, that he was not the originator and first 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 more than two years before...
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