Patent Office Papers (Volume 4)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1912 Excerpt: ... combination above set forth. What we do claim as our invention, and desire to secure, is the combination of the following parts above described, to wit, the core and bridge, or guide die, when used to form pipes of metal, under heat and pressure in the manner set forth, or in any other manner substantially the same. The judge in the Circuit Court had instructed the jury in respect to patentability over the publications cited, showing the application of like machines in other arts, that: The result is a new manufacture, and even if the mere combination of machinery in the abstract is not new, still, if used and applied in connection-with the practical development of a principle newly discovered, producing a new and useful result, the subject is patentable. In this view, the improvement of the plaintiff is the application of a combination of machinery to a new end--to the development and application of a new principle, resulting in a-new and useful manufacture. That the discovery of a new principle is not patentable but it must be embodied and brought into operation by machinery, so as to produce a new and useful result. Upon this view of the p'atent it is an important question for the jury to determine, from the evidence, whether the fact is established, on which the alleged improvement is founded, that lead in a set or semi-solid state can thus be reunited or welded, after separation, and further--That in the view taken by the court in the construction of the patent, it was not material whether the mere combinations of machinery referred to were similar to the combinations used by the Hansons, because the originality did not consist of the novelty of the machinery, but in bringing a newly discovered principle into practical application, by which a usefu...