CONTINUATION-IN-PART

continuation-in-part.Patents. A patent application filed during the pendency of an earlier application by the same applicant, repeating a substantial part of the earlier application but adding to or subtracting from the claims. 35 USCA § 120. • This type of application contains new technical descriptions from the inventor or reflects im-provements made since the parent…

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CONTINUATION-APPLICATION LACHES DOCTRINE

continuation-application laches doctrine.Patents. An equitable defense to patent infringement, based on an assertion that the patentee deliberately delayed the issuance of the patent-in-suit by filing multiple continuing applications that added new patent claims to cover products marketed or processes used after the original application was filed. — Also termed prosecution-laches doctrine. See SUBMARINE PATENT. [Blacks Law 8th]

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CONTINUATION AGREEMENT

continuation agreement.Partnership. An agreement among the partners that, in the event of dissolution, the business of the partnership can be continued without the necessity of liquidation. Cf. BUY–SELL AGREE-MENT(1). [Cases: Partnership  277. C.J.S. Partnership §§ 318–320.] “Normally, a continuation agreement would have some type of provision for purchasing the interest of a deceased or expelled partner. However,…

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CONTINUATION

continuation.Patents. A patent application that is based on the same disclosure and that claims the same invention as a rejected parent application but contains some change in the scope of the claims. • A continuation application maintains the original filing date for prior-art and interference purposes, as long as it is filed while the parent…

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CONTINUANDO

continuando (k<<schwa>>n-tin-yoo-an-doh). [Law Latin “by continuing”] Hist. An allegation charging that the trespass or other wrongful act complained of constitutes a continuing tort against the plaintiff’s property. “In trespasses of a permanent nature, where the injury is continually renewed, (as by spoiling or consuming the herbage with the defendant’s cattle) the declaration may allege the…

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CONTINUANCE

continuance,n.1. The act of keeping up, maintaining, or prolonging < continuance of the formal tradition>.2. Duration; time of continuing <the senator’s continuance in office>.3.Procedure. The adjournment or postpone-ment of a trial or other proceeding to a future date <motion for continuance>. Cf. RECESS(1). — continue,vb. [Blacks Law 8th]

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CONTINUAL CLAIM

continual claim.Hist. A formal claim to a tract of land made by an out-of-possession owner who is deterred from taking possession by a menace of some type. • The claim — called continual because it had to be renewed an-nually — preserved the claimant’s right to the land. The owner had to make the claim…

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