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, 1902
"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 affirmed alleged allowed amendment appeal application authority claims combination Commissioner of Patents Company complete consideration considered construction contended Court cover Decided decision defendants delay described descriptive determine device directed disclosed dissolve division drawing effect entered entitled error evidence Examiner Examiner of Interferences Examiners-in-Chief exhibit fact filed final follows further give given granted ground Held holding improvement infringement interference invention inventor involved issue letter limit machine manufacture March mark matter means mechanism merely motion necessary obtained operation opinion original party Patent Office permitted person petition placed practice present Primary Examiner prior priority proceedings produced proof proper properly question reason record reduction referred refused regarded registration reissue rejection relating request result Rule shown specification statement statute sufficient suggested taken testimony tion trade trade-mark United
382. lappuse - The franchise which the patent grants consists altogether in the right to exclude every one from making, using or vending the thing patented without the permission of the patentee. This is all he obtains by the patent.
307. lappuse - ... any new and original design for the printing of woolen, silk, cotton or other fabrics; any new and original impression, ornament, pattern, print or picture, to be printed, painted, cast or otherwise placed on or worked into any article of manufacture; or any new, useful and original shape or configuration of any article of manufacture, the same not having been known or used by others before his invention or production thereof, or patented, or described in any printed publication, may, upon payment...
277. lappuse - Indian tribes, as above mentioned, or is within the provision of a treaty, convention, or declaration with a foreign power ; nor which is merely the name of the applicant ; nor which is identical with a registered or known trade-mark owned by another and appropriate to the same class of merchandise, or which so nearly resembles some other person's lawful trade-mark as to be likely to cause confusion or mistake in the mind of the public, or to deceive purchasers.
226. lappuse - Issuing a policy of insurance is not a transaction of commerce. The policies are simple contracts of indemnity against loss by fire, entered into l>ctween the corporations and the assured, for a consideration paid by the latter. These contracts are not articles of commerce in any proper meaning of the word. They are not subjects of trade and barter offered in the market as something having an existence and value independent of the parties to them.
450. lappuse - ... the situation we think instead of affirming and modifying, our decree, in view of the broad nature of our conclusions, should be one of reversal and remanding...
293. lappuse - The term machine includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result. But where the result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations, are called processes.
279. lappuse - ... the essence of the wrong consists in the sale of the goods of one manufacturer or vendor as those of another ; and that it is only when this false representation is directly or indirectly made that the party who appeals to a court of equity can have relief.
251. lappuse - Whenever it appears that a patentee, at the time of making his application for the patent, believed himself to be the original and first inventor or discoverer of the thing patented, the same shall not be held to be void on account of the invention or discovery, or any part thereof, having been known or used in a foreign country, before his invention or discovery thereof, if it had not been patented or described in a printed publication.
433. lappuse - The principle upon which the cases on this subject proceed is not that there is property in the word, but that it is a fraud on a person who has established a trade, and carries it on under a given name, that some other person should assume the same name, or the same name with a slight alteration, in such a way as to induce persons to deal with him in the belief that they are dealing with the person who has given a reputation to the name.
279. lappuse - It must be then considered as sound doctrine that no one can apply the name of a district of country to a well-known article of commerce, and obtain thereby such an exclusive right to the application as to prevent others inhabiting the district, or dealing in similar articles coming from the district, from truthfully using the same designation.