Backlog of Patent Applications at the U.S. Patent and Trademark Office and Its Effect on Small High-technology Firms: Hearing Before the Subcommittee on Regulation and Business Opportunities of the Committee on Small Business, House of Representatives, One Hundredth Congress, Second Session, Washington, DC, March 29, 1988, Volume 4

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Page 143 - A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains.
Page 143 - Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Page 143 - Before the applicant's invention thereof the invention was made In this country by another who had not abandoned, suppressed, or concealed it. In determining priority of Invention, there shall be considered not only the respective dates of conception and reduction to practice of the invention, but also the reasonable diligence of one who was first to conceive the last to reduce to practice, from a time prior to conception by the other.
Page 144 - A claim in multiple dependent form shall contain a reference, in the alternative only, to more than one claim previously set forth and then specify a further limitation of the subject matter claimed.
Page 143 - States, or (e) the invention was described in a patent granted on an application for patent by another filed in the United States before the invention thereof by the applicant for patent...
Page 143 - States, or (c) he has abandoned the invention, or (d) the invention was first patented or caused to be patented by the applicant or his legal representatives or assigns in a foreign country prior to the date of the application for patent in this country on an application filed more than twelve months before the filing of the application in the United States...
Page 144 - ... the exclusive right to make, use, and vend the invention or discovery throughout the United States and the Territories thereof, referring to the specification for the particulars thereof. A copy of the specification and drawings shall be annexed to the patent and be a part thereof.
Page 144 - A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Page 144 - ... in such full clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Page 143 - ... b. the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of the application for patent in the United States, or c.

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