...patented or described in some printed publication prior to his supposed invention or discovery thereof; or, Fourth. That he was not the original and first inventor or discoverer of any material aud substantial part of the thing patented ; or, Fifth. That it had been in public use or on sale in...

...difficulty lying in the ascertainment of the fact. The statute uses the significant words " in public use or on sale in this country for more than two years before his application." Judicial precedent establishes beyond disputation that the designed purpose of the law was to preclude...

...invention or discovery thereof, or more than two years prior to his application, and not in public use or on sale in this country for more than two years prior to his application, and of which the plaintiff was in fact the original, first, and sole inventor....

...fact Invented by another, who was using reasonable diligence in adapting and perfecting the same ; or * * * Fourth. That he was not the original and...material and substantial part of the thing patented » * * And the like defenses may be pleaded in any suit In equity for relief against an alleged infringement....

...discovery thereof, or (6) more than two years prior to his application for a patent therefor. * * * Fourth. That he was not the original and first inventor or discoverer of any material and substantial part1 of the thing patented. Since an invention is not " patented " and the patent is not " published...

...patented or described in some printed publication prior to his supposed invention or discovery thereof; or. Fourth. That he was not the original and first...of any material and substantial part of the thing paten ted; or, Fifth. That it had been in public use or on sale iu this country for more than two years...

...publication, and shall also make oath that he does not know and does not believe that the invention has been in public use or on sale in this country for more than two years prior to his application, and that he has never abandoned the invention, then the patent or publication...

...an application filed more than four months before his application in this country, and not in public use or on sale in this country for more than two years prior to his application, unless the same is proved to have been abandoned, upon payment of the fees...

...invention " or discovery thereof; or, "Fourth,- — -That he was not the original and first in" ventor or discoverer of any material and substantial part...in this country for more than two years before his appli" cation for a patent, or had been abandoned to the " public. " And in notices as to proof of...

...in this or any foreign country, for more than two years prior to his application, and not In public use or on sale In this country for more than two years prior to his application, may, upon payment of the fees required by law, and other due proceedings...