 | United States. Patent Office - 1879 - 530 էջ
...Congress, of which the following are material to be noticed in the present casei 2. That the patentee was not the original and first inventor or discoverer of any material or substantial part of the thing patented. 3. That the invention had been in public use or on sale... | |
 | 1917 - 1038 էջ
...connection with the eighth paragraph. It cannot be that a patentee can escape the defenses either that he "unjustly obtained the patent for that which was in...reasonable diligence in adapting and perfecting the same" (second par. § 4920), or that "he was not the original and first inventor or discoverer of any material... | |
 | 1917 - 2042 էջ
...connection with the eighth paragraph. It cannot be that a patentee can escape the defenses either that he "unjustly obtained the patent for that which was in...reasonable diligence in adapting and perfecting the same" (second par. § 4920), or that "he was not the original and first inventor or discoverer of any material... | |
 | 1881 - 1980 էջ
...States, more than two years before their application for a patent. They also alleged to the effect that it had been patented or described, in some printed publication, prior to the supposed invention or discovery ; which defence will be considered in connection with the first,... | |
 | Austin Abbott - 1880 - 928 էջ
...this rule. Westlake v. Cartter, 6 Fish. Pat Cos. 619, 621. " Second. That ho liad surreptitiously or unjustly obtained the patent for that which was in fact invented by another, MTho was using reasonable diligence in adapting and perfecting the same; or, " Third. That it liad... | |
 | 1892 - 1912 էջ
...that a patent surreptitiously or unjustly obtained "for that which was in fact invented or discovered by another, who was using reasonable diligence in Adapting and perfecting the same," might be defeated by pleading and proving these facts, was in force; and it could have been defeated... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1880 - 728 էջ
...described in some printed publication prior to the supposed invention or discovery. 2. That the patentee was not the original and first inventor or discoverer of any material or substantial part of the thing patented. 3. That the invention had been in public use or on sale... | |
 | United States. Circuit Court (2nd Circuit) - 1880 - 628 էջ
...produced no new result. It ie not necessary to consider the defence, that the patentee surreptitiously and unjustly obtained the patent for that which was in fact invented by EW Goodale, as there is no evidence that he was using any effort to adapt and perfect his invention,... | |
 | 1882 - 1904 էջ
...defendant, in an action for infringement, is authorized to prove on the trial that the complainant was not the original and first inventor or discoverer of any material or substantial part of the thing patented ; but this must be done, subject to the limitations imposed... | |
 | District of Columbia. Supreme Court (1863-1936), Arthur MacArthur (Sr.) - 1875 - 680 էջ
...part.y suing for an infringement, it is sufficient to plead and prove that the thing patented to him has been patented or described in some printed publication...prior to his supposed invention or discovery thereof. (Rev. Stats.* sec. 4920.) What is required is a description of the thing patented, not of the steps... | |
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That he had surreptitiously or unjustly obtained the patent for that which was in fact invented by another, who was using reasonable diligence in adapting and perfecting the same; or, 
