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" There is a substantial identity, constituting infringement, where a device is a copy of the thing described by the patentee, 'either without variation, or with such variations as are consistent with its being in substance the same thing. "
Decisions of the Commissioner of Patents and of the United States Courts in ... - Trang 421
bởi United States. Patent Office - 1921
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A Treatise on the Law of Patents for Useful Inventions in the United States ...

George Ticknor Curtis - 1854 - 718 trang
...infringement involves substantial identity, whether that identity is described by the terms, " same principle," same modus operandi, or any other. It...of the patentee, either without variation, or with only such variations as are consistent with its being, in substance, the same thing.1 What will amount...

A Treatise on the Law of Patents for Useful Inventions: As Enacted and ...

George Ticknor Curtis - 1867 - 684 trang
...infringement involves substantial identity, whether that identity is described by the terms, " same principle," " same modus operandi" or any other. It...of the patentee, either without variation, or with only such variations as are consistent with its being in substance the same thing.1 What will amount...

Cases Argued and Adjudged in the Supreme Court of the United ..., Tập 1;Tập 68

United States. Supreme Court - 1870 - 854 trang
...substantial identity, whether that identity be described by the terms, 'same Opinion of the court. principle,' same ' modus operandi,' or any other....either without variation, or with such variations as arc consistent with its being in substance the same thing. If the invention of the patentee be a machine,...

Reports of Cases Arising Upon Letters Patent for Inventions ..., Tập 4

United States. Circuit Courts, Samuel Sparks Fisher - 1872 - 726 trang
...identity, whether that identity is described by the terms ' the same principle,' 'same modus operand'^ or any other. It is a copy of the thing described in the specifications of the patentee, either without variation, or with only such varsations as are consistent...

Patent Cases Determined in the Supreme Court of the United States ..., Tập 2

Charles Sidney Whitman - 1875 - 814 trang
...infringement involves substantial identity, whether that identity be described by the terms, ' same principle,' same ' modus operandi,' or any other....variations as are consistent with its being in substance Opinion of the court. the same thing. If the invention of the patentee be a machine, it will be infringed...

United States Circuit Courts of Appeals Reports: With Key-number Annotations ...

1902 - 832 trang
...US App. 482, 514. But it is no less true that a copy of the thing described and claimed in a patent, either without variation, or with such variations...consistent with its being in substance the same thing, is, for all the purposes of the patent law, the same device or combination as that described in the...

The Federal Reporter, Tập 130

1904 - 1060 trang
...plate, but its position and adjustability upon the moldboard. A copy of the thing described in a patent, either without variation, or with such variations...consistent with its being in substance the same thing, is for all the purposes of the patent law the same device as that described in the patent. Burr v....

Patents: From the Article on this Subject in the Encyclopedia of United ...

J. N. Claybrook - 1927 - 224 trang
...Infringement. A. What Constitutes — 1. DEFINITIONS. — Infringement involves substantial identity; it is a copy of the thing described in the specification...are consistent with its being in substance the same thing.3 To constitute an infringement, the thing used by the defendant must be such as substantially...

United States Reports: Cases Adjudged in the Supreme Court at ..., Tập 280

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1930 - 704 trang
...constituting infringement, where a device is a copy of the thing described Opinion of the Court. 280 US by the patentee, "either without variation, or with such...consistent with its being in substance the same thing." Burr v. Duryee, 1 Wall. 531, 573. Except where form is of the essence of the invention, it has little...

A Treatise on the Law of Patents for Useful Inventions as Enacted and ...

George Ticknor Curtis - 2005 - 792 trang
...infringement involves substantial identity, whether that identity is described by the terms, " same principle," " same modus operandi" or any other. It...of the patentee, either without variation, or with only such variations as are consistent with its being in substance the same thing.1 What will amount...
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