Authorities concur that the substantial equivalent of a thing, in the sense of the patent law, is the same as the thing itself; so that if two devices do the same work in substantially the same way, and accomplish substantially the same result, they are... Philadelphia Reports - Page 402by Henry Edward Wallace - 1875Full view - About this book
| 1927 - 612 pages
...sub*ยป stantial equivalent of a thing is the same as the thing itself; that is to say, 'if two devices do the same work, in substantially the same way, and accomplish substantially the same result, they are the same, even though they differ in name, form or shape.' "Again, old ingredients... | |
| United States. Court of Claims - 1919 - 740 pages
...of a thing in the sense of the patent law is the same as the thing iteelf ; so that if two devices do the same work in substantially the same way and accomplish substantially the same result, theywre the same, even if they differ in name, form or shape." In Sewall v. Jones, 91 US. 171... | |
| United States. Circuit Court (1st Circuit), William Henry Clifford - 1869 - 714 pages
...and accomplish substantially the same result, they are the same ; and so if parts of the two machines do the same work in substantially the same way and accomplish substantially -the result, those parts are the same, although they may differ in name, form, or shape ; but in both cases,... | |
| Charles Sidney Whitman - 1871 - 734 pages
...substantially the same in principle. (Morris v. Barrett, 1 Fish., 461.) If the parts of two machines, having the same mode of operation, do the same work in substantially...the same way, and accomplish substantially the same result, those parts are the same, although they may differ in name, form, or shape. (Union Sugar Refinery... | |
| Charles Sidney Whitman - 1871 - 736 pages
...substantially the same in principle. (Morris v. Barrett, 1 Fish., 461.) If the parts of two machines, having the same mode of operation, do the same work in substantially...the same way, and accomplish substantially the same, result, those parts are the same, although they may differ in name, form, or shape. ( Union Sugar Refinery... | |
| United States. Circuit Courts, Samuel Sparks Fisher - 1874 - 708 pages
...platform, and then to sweep it across the platform in the arc of a circle, and to discharge it onto the ground out of the way of the return of the machine...operation, do the same work, in substantially the same wav, and accomplish substantially the same results" as those claimed by the complainants. In the defendants'... | |
| United States. Circuit Court (1st Circuit), William Henry Clifford - 1878 - 766 pages
...unless it appears that he reduced what he conceived to practice. Ibid. 39. If two machines, having the same mode of operation, do the same work in substantially...the same way, and accomplish substantially the same result, though differing in form, shape, or name, they are the same. Ibid. 40. If the defendant's means... | |
| United States. Circuit Court (1st Circuit), William Henry Clifford - 1878 - 732 pages
...substantial equivalent of a thing as being the same as the thing itself; so that, if two machines, having the same mode of operation, do the same work, in substantially the same way, and accomplish the same result, they are the same. And so, also, if the parts of two machines, having the same mode... | |
| United States. Supreme Court - 1879 - 790 pages
...of a thing, in the sense of the patent law, is the same as the thing itself; so that if two devices do the same work in substantially the same way, and accomplish substantially the same result, they are the same, even though they differ in name, form, or shape. Curtis, Patents (4th ed.),... | |
| 1902 - 2074 pages
...of a thing, In the sense of the patent law, is the same as the thing itself; so that, if two devices do the same work in substantially the same way, and accomplish substantially the same result, they are the same, even though they differ in name, form, or shape." But, if the evidence in... | |
| |