Brief for the United States (1914)

Record Details:

Title:
Brief for the United States
Date:
1914
Publisher:
Washington, D.C. : United States. Government Printing Office. Office of the Public Printer
Volume:
Brief for the United States
Leaf #:
000110
Language:
English
Collection:
Government & Law and Books
Format:
Books
Contributor:
Media History Digital Library
Sponsor:
{"Media History Digital Library","Richard Koszarski",Domitor}
Coordinator:
Media History Digital Library
Description:
Date Added:
June 06, 2024
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98 PAET YII. 176 XQ. Did you not regard the film then as a thing of your invention ? A. No ; I did not regard the fihn as a part of my invention ; no, sir ; I looked to the people who made it for that. ^ ^ * (1, 178, fols. 2-4; 179, fol. 1.) Passing by the discussion relating to the reissue and the limitations claimed to have been placed upon the claim by the proceedings ki the Patent Office, we come to the question whether Edison was the inventor in the sense of the patent law of the article of manufacture described in claim 2 of the reissue patent No. 12192: ^^A manufacture is an entity distinct from the substances of which it is composed, and from the instruments or art by which it is produced." (1 Robinson, Pat. Sec. 184.) Articles of manufacture may be new in the commercial sense, when they are not new in the sense of the patent law. New articles of commerce are not patentable as new manufactures, unless it appears in a given case that the production of the new article involved the exercise of invention or discovery beyond what was necessary to construct the apparatus for its manufacture or production. Nothing short of invention or discoYvvy will sup])()rt a ]")atent for a manufacture any more than for an art, machine, or composition of matter." (Collar Co. v. Van Ditsen, 23 Wall., 530-563. ) ''A patentable invention is a mental result. Tt must be new and shown to l)e of patentable utility. Everything within the dominion of