 | United States. Supreme Court - 1919 - 660 страници
...repugnancy between the old and tlie new patent that it must be held, as matter of legal construction, that the reissued patent is not for the same invention as that embraced and secured in the original patent, then the reissued patent is invalid. Whether a reissued... | |
 | George Ticknor Curtis - 1867 - 684 страници
...existence of defects in the former patent can be inquired into, the defendant is at liberty to show that the reissued patent is not for the same invention as that covered by the surrendered one. But if, on the other hand, the commissioner's action in the matter... | |
 | United States. Circuit Court (1st Circuit), William Henry Clifford - 1870 - 736 страници
...not apply for the new patent, and that it appears on the face of the specification and claim that it is not for the same invention as that described in the original patent. The first suggestion is entitled to no weight, as the whole title, as shown in the pleadings, was in the... | |
 | United States. Circuit Court (2nd Circuit) - 1873 - 626 страници
...defendant's claim, that the several reissues of the original patent of 1854 are void, because they are not for the same invention as that described in the original patent record. The original patent embraced, as an aggregate combination, several parts of the entire machine... | |
 | 1874 - 542 страници
...consequently when it appears on a comparison of the two instruments as matter of legal construction that the reissued patent is not for the same invention as that embraced and secured in the original patent, the reissued patent is invalid, as that state of facts... | |
 | United States. Circuit Courts, Samuel Sparks Fisher - 1874 - 708 страници
...defendant's claim that the several reissues of the original patent of 1854 are void, because they are not for the same invention as that described in the original patent record. The original patent embraced, as an aggregate combination, several parts of the entire machine... | |
 | Charles Sidney Whitman - 1875 - 814 страници
...invention, and consequently where it appears on a comparison of the two instruments, as matter of law, that the reissued patent is not for the same invention as that embraced and secured in the original patent, the reissued patent is invalid, as that state of facts... | |
 | United States. Patent Office - 1877 - 678 страници
...in cultivators," granted to Julius Gerber, April 26, 1870, upon an original patent issued to Imlns R. Smith, dated April 24, 1860. The answer denies...This frame worked freely above the axle, the axle gaging the de'pth which the shovels could run into the ground. The claim was for the combination of... | |
 | Jabez S. Holmes - 1877 - 596 страници
...consequently, when it appears on a comparison of the two instruments, as matter of legal construction, that the reissued patent is not for the same invention as that embraced and secured in the original patent, the reissued patent is invalid, as that state of facts... | |
 | 1884 - 676 страници
...claims 1 and 3 of the reissue is insisted on. It is set up as a defense in the answer that the reissue is not for the same invention as that described in the original patent. The apparatus used by the defendant is constructed in accordance with the description contained in two... | |
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Reissued letters patent must, by the express words of the section authorizing the same, be for the same invention, and consequently where it appears on a comparison of the two instruments, as matter of law, that the reissued patent is not for the same... 
