Patent Office Papers 9

Cover Patent Office Papers 9
Patent Office Papers 9
United States Patent Office
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Tyberg, 148 0. G., 831; CD., 1909.
"To imply as elements of a claim parts not named therein for the purpose of limiting its scope, so that it may be accorded novelty is contrary to a well-settled rule of patent law." Fred'k R. Stearns & Co. vs. Russell, 84 O.G., 1434; C. D., 1898.
"Where an element is mentioned in a claim and in- tended to be included as an elment of the combination it is in the interest of clearness and good form to posi- tively and directly include it instead of making an ind
...efi- nite reference to it." Vincke, 96 0. G., 2061 ; C. D., 1901.
A claim may be had because it does not set out a com- plete combination or because it includes more than is necessary.
"A patent based on an alleged combination which is inoperative without the addition of another element is void." Terrant vs. Duluth Co., 39 O. G., 1425 (1887).
"It is fatal to a patent for a process that a patentee claims as essential a step which is unnecessary." Van Camp vs. The Maryland Pavement Co., 43 O. G., 884 (1888).


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