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15 Howard action at law alleged application assignment assumpsit Bann Bate Refrigerating Co bill Blatch Circuit Court claim Commissioner of Patents common law composition of matter constitute constructive abandonment court of equity damages decided decision defence demurrer disclaimer doctrine equity equivalent estoppel evidence exclusive right extension fact filed Fisher foreign patent fringement function Goodyear granted held inventor issue Judge jurisdiction jury Justice letters patent license machine ment mode of operation negatived obiter dictum original patent particular party Patent Act patent laws Patent Office patent right patented invention patented thing person plaintiff plea pleading prior proper question Railroad Railroad Co reason reissued patent relevant result Revised Statutes rights of action royalty rule Sayles Section sell specification specimen statute of limitation Statutes at Large statutory substantially suit Supreme Court tion United States patent validity void Wallace
Page 644 - ... in such full, clear, concise, and exact terms as to enable any person skilled in the art or science to which it appertains, or with which it is most nearly connected, to make, construct, compound, and use the same...
Page 647 - An assignment, grant, or conveyance shall be void as against any subsequent purchaser or mortgagee for a valuable consideration, without notice, unless It is recorded in the Patent Office within three months from the date thereof or prior to such subsequent purchase or mortgage.
Page 649 - Whenever an application is made for a patent which, in the opinion of the Commissioner, would interfere with any pending application, or with any unexpired patent, he shall give notice thereof to the applicants, or applicant and patentee, as the case may be. The question of priority of invention...
Page 333 - ... the practice, pleadings, and forms and modes of proceeding existing at the time in like causes in the courts of record of the state within which such circuit or district courts are held, any rule of court to the contrary notwithstanding,
Page 185 - ... but no new matter shall be introduced into the specification, nor in case of a machine patent shall the model or drawings be amended, except each by the other; but when there is neither model nor drawing, amendments may be made upon proof satisfactory to the commissioner that such new matter or amendment was a part of the original invention, and was omitted from the specification by inadvertence, accident, or mistake, as aforesaid.
Page 365 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Page 642 - ... in his specification claimed to be the original and first inventor or discoverer of any material or substantial part of the thing patented , of which he was not the first...
Page 652 - ... to receive a patent for his invention, as specified in his claim or for any part thereof, as the facts in the case may appear. And such adjudication, if it be in favor of the right of the applicant, shall authorize the commissioner to issue such patent on the applicant filing in the Patent Office a copy of the adjudication and otherwise complying with the requirements of law.
Page 648 - Office a caveat setting forth the object and the distinguishing characteristics of the invention, and praying protection of his right until he shall have matured his invention. S>uch caveat shall be filed in the confidential archives of the office and preserved in secrecy, and shall be operative for the term of one year from the filing thereof.
Page 697 - In all cases where it shall appear to the court that persons, who might otherwise be deemed proper parties to the suit, cannot be made parties by reason of their being out of the jurisdiction of the Court, or incapable otherwise of being made parties, or because their joinder would oust the jurisdiction of the court as to the parties before the Court, the Court may, in its discretion, proceed in the cause without making such persons parties ; and in such cases the decree shall be without prejudice...