 | 1910 - 1052 страници
...infringement, the court or jury, as the case may be, are not to judge about similarities or difference by the names of things, but are to look at the machines...way, or produce a substantially different result. * * * it is necessary in every such investigation to look at the mode of operation or the way the device... | |
 | 1907 - 2170 страници
...125, 24 L,. Ed. 935, the court says, that in determining the question of infringement the court is— ''to look at- the machines or their several devices...way,, or produce a substantially different result." ' See, also, Tilghman v. Proctor, 102 US 707, :26 L. Ed. 279; Eldred v. Kirkland, 130 Fed. 342, 64... | |
 | 1928 - 1130 страници
...is a literal copy of the plaintiff's, except that it is done under names which have no similarity. same result, always bearing in mind that devices in...way, or produce a substantially different result. • • • Authorities concur that the There was not a word of testimony, and undoubtedly there could... | |
 | Hubert Ashley Banning, United States. Circuit Courts, Henry Arden - 1882 - 730 страници
...or ;ury, as the case may be, are not to judge about similarities or differences by the names of the things, but are to look at the machines or their several...device in two machines organized to accomplish the same American Diamond Rock Boring Co. v. Sheldon. result is different in shape or form the one from the... | |
 | United States. Supreme Court - 1886 - 788 страници
...same thing in substantially the same way, to obtain the same result; and they differ from each other in the sense of the patent law, when they perform...different functions, or in a different way, or produce substantially different results. Machine Co. v. Murphy, 97 US 120, affirmed and applied. The defendant... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1886 - 792 страници
...same thing in substantially the same way, to obtain the same result ; and they differ from each other in the sense of the patent law, when they perform...different functions, or in a different way, or produce substantially different results. Machine Co. v. Murphy, 97 IJ. S. 120, affirmed and applied. The defendant... | |
 | United States. Supreme Court - 1890 - 696 страници
...several devices or elements in the light of what they do or what office or function they perform ; and to find that one thing is substantially the same...different functions or in a different way, or produce substantially a different result." Tested by this rule the charge of infringement made against the... | |
 | Wisconsin. Supreme Court, Abram Daniel Smith, Philip Loring Spooner, Obadiah Milton Conover, Frederic King Conover, Frederick William Arthur, Frederick C. Seibold - 1901 - 792 страници
...same thing in substantially the same way to obtain the same result; and they differ from each other, in the sense of the patent law, when they perform different functions, or in a different wav, or produce substantially different results." CantrMv. Wallick, 117 US 689. In that case it was... | |
 | United States - 1905 - 1032 страници
...Woodward r. Dinsmore, (1870) 4 Fieh. Pat. Cas. 163, 30 Fed. Cas. No. 18,003. When devices differ. — Devices in a patented machine are different in the...way. or produce a substantially different result. Union Paper Bag Mach. Co", v. Murphy, ( 1877) 97 l". S. 125. A combination must embrace (1) a novel... | |
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... in determining the question of infringement, the court or jury, as the case may be, are not to judge about similarities or differences by the names of things, but are to look at the machines or their several devices or elements in the light of what... 
