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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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A Code of Federal Procedure: (Superseding Detsy's Federal ..., Volume 2

Walter Malins Rose - Bankruptcy - 1907 - 1018 pages
...discovery thereof, or more than two years prior to his application for a patent therefor; or, Fourth. That he was not the original and first inventor or...discoverer of any material and substantial part of the tiling patented ; or. Fifth. That it had been in public use or on sale in this country for more than...
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Torts. Damages. Domestic relations

Albert Hutchinson Putney - Law - 1908 - 774 pages
...discovery thereof, for more than two years prior to his application for a patent therefor; 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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A Treatise on the Law of Personal Property

Horace Edwin Smith - Personal property - 1908 - 450 pages
...described in some printed publication prior to his supposed invention or discovery therof ; or, Fourth. "That he was not the original and first inventor or discoverer of any material or substantial part of the thing patented; or, Fifth. ' ' That it had been in public use or on sale...
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The Americana: A Universal Reference Library, Comprising the Arts ..., Volume 16

Frederick Converse Beach, George Edwin Rines - Encyclopedias and dictionaries - 1912 - 908 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 has been in public use or on sale in this country for more than two years before his...
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Patent Office Papers: 1914-1917, Volume 4

Patent laws and legislation - 1912 - 480 pages
...the defense is made under the fourth subdivision of section 4920 RS "That he (one of the patentees) was not the original and first inventor or discoverer...material and substantial part of the thing patented." it has been held that this fact may be established by any competent proof. (Sundh Electric Co. vs....
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Compiled Statutes of the United States, 1913: Embracing the ..., Volume 4

United States - Law - 1914 - 1272 pages
...more than two years before his application for a patent, or had been abandoned to the public. Fourth. or, And in notices as to proof of previous invention, knowledge, or use of the thing patented, the...
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The Law of Patents as Illustrated by Leading Cases: With ..., Volume 1

Walter Forwood Rogers - Patent laws and legislation - 1914 - 902 pages
...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...material and substantial part of the thing patented ; or, RULES OF PRACTICE. 860. INTERFERENCE DEFINED. Rev. Stat., § 4904. 93. An interference is a proceeding...
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Trial Evidence: The Rules of Evidence Applicable on the Trial of ..., Volume 3

Austin Abbott - Actions and defenses - 1918 - 968 pages
...discovery thereof or more than two years prior to his application for a patent therefor; 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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Federal Statutes Annotated: Patents to Porto Rico

United States - Law - 1918 - 1320 pages
...defenses requiring separate answers.— It has been held that the special defenses (1) that the patentee was not the original and first inventor or discoverer of any material substantial part of the thing invented and (2) that it lias been in public use or on sale in this country...
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Praktisches Handbuch des amerikanischen Patentrechts

Karl Michaelis - Patent laws and legislation - 1919 - 658 pages
...discovery thereof, or more than two years prior to his application for a patent therefor; 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 yars before...
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