What is IDENTITY

In the law of evidence .Sameness; the fact that a subject, person, or thing before a court is the same as it isrepresented, claimed, or charged to be. See Burrill, Circ. Ev. 3S2, 453, 031, G44. In patent law . Such sameness between two designs, inventions, combinations, etc.,as will constitute the one an infringement of the patent granted for the other.To constitute “identity of invention,” and therefore infringement, not only must theresult obtained be the same, but, in case the mean used for its attainment is acombination of known elements, the elements combined in both cases must be thesame, and combined in the same way, so that each element shall perform the samefunction; provided that the differences alleged are not merely colorable according to therule forbidding the use of known equivalents. Electric Railroad Signal Co. v. HallRailroad Signal Co., 114 U. S. 87, 5 Sup. Ct. 1009, 29 L. Ed. 90; Latta v. Shawk, 14 Fed.Cas. 1188. “Identity of design” means sameness of appearance, or, in other words,sameness of effect upon the eye,