Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-mark and Copyright Cases
U.S. Government Printing Office, 1880
"Compiled from Official gazette. Beginning with 1876, the volumes have included also decisions of United States courts, decisions of Secretary of Interior, opinions of Attorney-General, and important decisions of state courts in relation to patents, trade-marks, etc. 1869-94, not in Congressional set." Checklist of U. S. public documents, 1789-1909, p. 530.
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abandoned action affidavit alleged allowed amendment answer appeal application arranged bill cause Circuit claim combination Commissioner Company complainant completed connection considered consists construction contained court cover Decided decision decree defendant described device drawing effect entitled evidence Examiner Examiners-in-Chief fact February filed foreign give granted ground held improvement infringement interference invention inventor iron issue January known letters patent machine manufacture March material matter means mechanism metal motion necessary objection obtained operation original particular party pass patent Patent Office person plaintiff practice present Primary Examiner prior priority produced proof proper question reason received record reduced reference regard reissue rejected relates respect result Rule says secured shown side specification spring statement statute substantially sufficient suit taken term testimony tion United valid whole witnesses
57. lappuse - ... and not patented or described in any printed publication in this or any foreign country, before his invention or discovery thereof, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, may, upon payment of the fees required by law, and other due proceedings had, obtain a patent therefor.
307. lappuse - The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable...
460. lappuse - States, or resident therein, who shall be the author, inventor, designer, or proprietor of any book, map, chart, dramatic or musical composition, engraving, cut, print, or photograph or negative thereof, or of a painting, drawing, chromo, statue, statuary, and of models or designs intended to be perfected as works of the fine arts...
466. lappuse - No one can claim protection for the exclusive use of a trade-mark or trade-name which would practically give him a monopoly in the sale of any goods other than those produced or made by himself. If he could, the public would be injured rather than protected, for competition would be destroyed. Nor can a generic name, or a name merely descriptive of an article of trade, of its qualities, ingredients or characteristics, be employed as a trade-mark and the exclusive use of it be entitled to legal protection.
425. lappuse - And where the art it teaches cannot be used without employing the methods and diagrams used to illustrate the book, or such as are similar to them, such methods and diagrams are to be considered as necessary incidents to the art, and given therewith to the public; not given for the purpose of publication in other works explanatory of the art, but for the purpose of practical application.
341. lappuse - Roberts v. Ryer, 91 US 150, 157, that "it is no new invention to use an old machine for a new purpose. The inventor of a machine is entitled to all the uses to which it can be put, no matter whether he had conceived the idea of the use or not.
374. lappuse - That every patent shall be assignable in law, either as to the whole interest, or any undivided part thereof, by any instrument in writing ; which assignment, and also every grant and conveyance of the exclusive right under any patent, to make and use, and to grant to others to make and use, the thing patented within and throughout any specified part or portion of the United States, shall be recorded in the Patent Office within three months from the execution thereof, for which the assignee or grantee...
295. lappuse - No person shall be debarred from receiving a patent for his invention or discovery, nor shall any patent be declared invalid, by reason of its having been first patented or caused to be patented in a foreign country...