Digest of Decisions of Law and Practice in the Patent Office; And the United States and State Courts in Patents, Trade-Marks, Copyrights and Labels, 1897-1912

Digest of Decisions of Law and Practice in the Patent Office; And the United States and State Courts in Patents, Trade-Marks, Copyrights and Labels, 1897-1912 : A Supplement to Hart's Digest, 1886-1897

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1912 edition. Excerpt: ...date alleged of a particular act without a proper showing. Fordyce v. Taisey, C. D. 1903, 102 O. G. 829. 1703. Amendments to preliminary statements based on newly-discovered evidence should not be allowed, especially after the testimony of an opponent has been taken, unless it clearly appears that the evidence could not have been discovered at the time the original statement was made by the exercise of reasonable care and diligence. Id. 1704. Where a motion to amend a preliminary statement was based upon the accidental discovery of a publication referring to the invention and it appears that this publication was not discovered when the original statement was prepared, although a careful search was made, Held, that the amendment should be permitted. Davis v. Ocumpaugh v. Garrett, C. D. 1903, 104 O. G. 2440. 1705. The rule against the amendment of preliminary statements except where the utmost care and diligence was exercised in preparing the original statement may be applied with less strictness where the amendment is based upon record evidence and not upon the memory of fallible witnesses. Id. 1706. Where it clearly appears that a party has made a clerical error in writing a date in his preliminary statement and he promptly moves to correct it, Held, that the amendment will be permitted. Osborne v. Mitchell, S. D. 1904, 111 O. G. 301. 1707. Where the invention is a highly-complicated mechanism, one of the elements of which is "item-wheels," and from the showing it appears that the preliminary statement was carefully drawn to include a machine made by C. having item-wheels of a peculiar construction, but later it is found that the term "item-wheels" is not limited to the second structure made by C., but apparently...show more

Product details

  • Paperback | 478 pages
  • 189 x 246 x 24mm | 844g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236904478
  • 9781236904478