--- סוף עמוד 71 ---
As a matter of construction only and of the latter upon some broader separate causes of action, the existence of the former to be determined Principle of colourable evasion. There is, in my view, no such , there is but a single cause of action and to treat it otherwise;dichotomy ."...is liable to lead to confusion וראה דבריו של 21blanco white, supra, at: The question of immaterial variations was in most older ases treated" either by saying that a claim could be infringed by anything Or by treating questions of infringement as if;there were two sorts of infringement, textual' infringement by things 'substantially' within it Pith and marrow of the invention' by things not quite within the claim. Actually within the language of the claim and infringement by taking the Phrased, the question was primarily one of interpretation of the claim, the more recent cases implied that whichever way the point was Degree'. It is now clear, however, that there is only one sort of although at some point it merged into a residual question of 'fact and . Infringement and that the whole matter depends on correct"interpretation of the claim ראה גם . 159cornish, supra, at מסקנה זו משתלבת בהיגיון הטמון בהרחבת הגנת דיני הפטנטים אל מעבר להפרה מילולית. יפים לכאן דברי בית המשפט העליון האמריקני בפסק הדין המנחה בסוגיה זו: In determining whether an accused device or composition infringes a" valid patent, resort must be had in the first instance to the words of the Made out and that is the end of it. But courts have also recognized that claim. If accused matter falls clearly within the claim, infringement is To permit imitation of a patented invention which does not copy every Literal detail would be to convert the protection of the patent grant into- the unscrupulous copyist to make unimportant and a hollow and useless thing. Such a limitation would leave room for- insubstantial changes and substitutions in the patent which, though indeed encourage Invention, like one who seeks to pirate a cpyrighted book or play, may claim, and hence outside the reach of law. One who seeks to pirate an adding nothing, would be enough to take the copied matter outside the Be expected to introduce minor variations to conceal and shelter the