Precedents in pleading Volume 2; with copious notes on practice, pleading and evidence - Softcover

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 Excerpt: ...to the replication. The court intimated that the defendants should at least have alleged a holding of twenty years duration. Subject to that alteration, the form of plea in that case as given in the reports may be found usefuI. PATENTS.(a) 1. That the Ptaintiff is not the Inventor, (y) ' And for a further plea in this behalf the defendant says, that the plaintiff tor " the said S. P." was not the true or first inventor of the said improvements in the said declaration mentioned, in manner and form as the plaintiff hath above in that behalf alleged; and of this.the defendant puts himself upon the country, &c. 2. That the Specification does not sufficiently describe the Inven tion.(y) And for a further plea in this behalf the defendant says, that the nature of the said invention in the said declaration mentioned, and the manner in which the said invention was and is to be performed were not, nor are they particularly described or ascertained according to the true (z) See form of declaration and notes, (/),) it is unwise to dispute the validity of ante, 584. The plea of not guilty would thc patent unnecessarily. See form of notraverse the mere fact of infringement only, ticc of objections, to bo delivered with the admitting the novelty &c. of the inven-pleas, post, 650, Form 7. lion; that 'plaintiff was the inventor; (y) See Forms, Dcrosne v. Fnirie, 2 C. the grant of the patent and the enrolment M. & R. 476; 1 Gale, 109, S. C.; Morof the specification, and its sufficiency, gan v. Seaward, 2 M. & W. 545; Cornish On account of costs (sec ante, 584, note v. Keene, 3 Bing. N. C. 572. intent and meaning of the said letters patent in or by the said specification in the said declaration in that behalf mentioned, in manner and form as the pla...

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