anticipation of device

anticipation of device
In the law of patents, the essential element of novelty of invention is lacking where the invention was anticipated. Anticipation is established where it appears that at the time of the invention in dispute there was in use a process or instrumentality which was the equivalent thereof, similar thereto, or of substantially the same character. 40 Am J1st Pat § 26. To constitute an anticipation, the prior device must be sufficiently full, clear, and exact to enable persons skilled in the art to construct or practice, without the exercise of further inventive skill or experiment, the invention described in the subsequent patent. See General Electric Co. v De Forest Radio Co. (DC Del) 17 F2d 90.

Ballentine's law dictionary. . 1998.

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