A Treatise On the Law of Patents for Useful Inventions in the United States of America

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Pat. Cas.
350, 351.
a Ibid. p. 370.
QUESTIONS OP LAW ANB QUESTIONS OF PACT. 501 know to be in use ; which is only another application of the broader rule, that a specification should be so read, as, con- sistently with the fair import of language, will make the claim coextensive with the actual discovery or invention.^ § 392. Another important consideration will be the state of the art. If, for instance, a patent contemplates the use of certain substances, although it may make use of terms exte
...n- sive enough to embrace other substances, which, in the pro- gress of the art, have been, ascertained to be capable of the same usej but, at the time of the patent, were not known to be so, or, being known at the time to be capable of the same use, were yet so expensive as not to be expected to be in use for the same purpose, the general terms of the specification will be so interpreted as to include only those substances ejusdem generis with the particular substances mentioned, which may reasonably be supposed, on the state of the art, to have been contemplated at the time.

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