The Yale Law Journal

Cover The Yale Law Journal
The Yale Law Journal
Yale Law School
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45.
Digitized by Google DEMURRER TO BILL IN EQUITY. 215 and the cases in which the validity is tested by demurrer may roughly be divided into three classes — 1st, those in which the patent is alleged to have some inherent defect apparent on its face ; 2d, those in which the patent is alleged to be invalid in view of the state of the prior art as set forth in the bill ; 3d, those in which the prior art must be drawn from (1) common knowl- edge of mankind of which the court takes judicial notice,
... or from (2) the specification of the patent itself, and in view of which prior art the patent is alleged to lack invention.
It should be noted that in these cases, the patent itself is made part of the bill. This may be done by setting forth the patent in full, or the bill may make profert of the patent, or the patent may be attached as an exhibit. Where a formal profert is made or the patent attached as an exhibit, the courts have held that this is sufficient to make the letters patent part of the bill/ 1.


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