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THE

LAW OF PATENTS

AS ILLUSTRATED BY
LEADING CASES

WITH DISCUSSION OF PRINCIPLES,
ANNOTATIONS, IMPORTANT STATUTES
AND RULES

BY

WALTER F. ROGERS

OF

THE DISTRICT OF COLUMBIA and New YORK BARS

IN TWO VOLUMES

VOLUME I

INDIANAPOLIS

THE BOBBS-MERRILL COMPANY

PUBLISHERS

COPYRIGHT 1914

By WALTER F. ROGERS

The reasons for this work, and its purpose.

Many practitioners do not have all of the reports containing the patent cases at hand; and many want, it is believed, an arrangement or compilation of the cases for reference and guidance. Many lawyers, too, in general practice, often wish to read the decisions of the courts upon a given question in which a manufacturing or inventing client is interested, as well as the comment of the text writer.

The book is intended to put into as compact a form, as is consistent with thorough treatment, the substance of the best cases under various appropriate headings, and to accompany this condensation of the cases with a text which, it is believed, will offer some features of value under present conditions. It presents also and in order for convenient reference, the statutes, rules, code, etc. The cases run in logical order. They present, "as near as may be," a text-book of patent law in the words of the courts. They embody the facts in the many cases where the facts are so essential. They group opposing and contradictory with the "reconciling" cases; and in both the cases and the Introduction stress is put upon the illustrations of facts, especially in such live topics. as Claims, Construction, Equivalents, Infringement, License, etc. The short extracts which conclude the several topics are intended to throw side lights of illustration upon the principal cases. Sometimes a case upon an apparently settled point is presented fully that the argument of the court may appear; and sometimes condensation is obtained by merely canceling repetitions.

The language of the court is clearly separated from any notes or comments, which always appear in brackets.

In the Introduction some topics generally regarded as occasional have been enlarged in treatment because little has been said upon them elsewhere and because they are likely to become more important in the near future.

The manuscript has been delayed in publication so that the important and interesting cases of 1912 and 1913 might be included. It therefore goes to press at the end of a period of discussion of cases involving important principles, after careful deliberation and a painstaking selection of over a thousand cases from nearly six thousand cases primarily selected which are either herein presented under separate sections or discussed in some of the chosen cases.

"Ut res magis valeat quam pereat."

WASHINGTON, D. C.,
January 12, 1914.

WALTER F. ROGERS.

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