 | United States. Supreme Court - Law reports, digests, etc - 1816 - 694 pages
...of it ? I take the rule to be, and so it has been settled in this, and in other Courts, that if the two machines be substantially the same, and operate...same manner, to produce the same result, though they may differ in form, proportions, and utility, they are the same in principle ; and the one last discovered... | |
 | United States. Supreme Court - Courts - 1822 - 666 pages
...substantially the same, and operate in tSie same manner, to produce the same result, though they may differ in form, proportions, and utility, they are...the same in principle ; and the one last discovered has no other merit than that of being an improved imitation of the one before discovered and in use,... | |
 | Jacob D. Wheeler - Common law - 1836 - 644 pages
...." samcresults laid down, as a general rule, that where the machines are sub- they are in stantlally the same, and operate in the same manner, to produce the same result they must be in principle the same. II. OF ADDITIONS TO, AND COMBINATIONS OF OLD MATERIALS. v 1. EVANS... | |
 | Willard Phillips - Patent laws and legislation - 1837 - 408 pages
...complicated. But we think it may safely be laid down as a general rule, that where the machines are substantially the same, and operate in the same manner, to produce the same result, they must be in principle the same. I say substantially, in order to exclude all formal differences,... | |
 | Willard Phillips - Patent laws and legislation - 1837 - 566 pages
...complicated. But we think it may safely be laid down as a general rule, that where the machines are substantially the same, and operate in the same manner, to produce the same result, they must be in principle the same. I say substantially, in order to exclude all formal differences,... | |
 | Meteorology - 1846 - 910 pages
...machinery complicated. But we think it may safely be laid down as a general rule that where machines are substantially the same, and operate in the same manner to produce the same result, they must be in principle I he same. I say substantially, in order to exclude all formal differences,... | |
 | United States. Patent Office - Patent laws and legislation - 1847 - 708 pages
...and useful result, is a discovery for which a patent may be granted. Ibid. 51. Where two machines are substantially the same, and operate in the same manner to produce the same result, they must be in principle the same. Gray et al. v. James et al., 1 Peters' CCR 394. 52. A patent "for... | |
 | James Kent - Law - 1848 - 1046 pages
...invention must be sub• It is laid down as a general rule, that where two machines are substantialty the same, and operate in the same manner, to produce the same result, they must be in principle the same, though there be a formal variation. Washington, J., in Gray v.... | |
 | James Burch Robb - Patent laws and legislation - 1854 - 774 pages
...If they act by means of some other power, it certainly cannot be pretended that the two machines are substantially the same, and operate in the same manner to produce the same result. They are materially unlike in their parts, in their structure, and in their operation. The one operates... | |
 | George Ticknor Curtis - Patent laws and legislation - 1854 - 718 pages
...nail at one operation," Washington, J., applied the same doctrine, holding that where two machines are substantially the same, and operate in the same manner, to produce the same result, they must be in principle the same ; and that when the same result is referred to as the test, it must... | |
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But we think it may safely be laid down as a general rule, that where the machines are substantially the same, and operate in the same manner, to produce the same result, they must be in principle the same. 
