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· 5/12/1905

General Electric Co. v. Campbell

Citations

  • 137 F. 600
  • 1905 U.S. App. LEXIS 5004

Syllabus

<p>1. Patent—Demurrer—When Sustainable.</p> <p>A demurrer to a patent can be sustained only when the question of invention is.free from doubt. There must be in the mind of the court an absolute conviction of the lack of invention, and if there is any doubt on this point the case must be decided adversely to the demurrant.</p> <p>[Ed. Note.—For cases in point, see vol. 38, Cent Dig. Patents, § 536.]</p> <p>2. Same—Lamps.</p> <p>Demurrer to patent No. 726,293, for new and useful improvements in exhausting lamps, overruled.</p> <p>(Syllabus by the Court)</p>

Judges: Cross

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