Page:Federal Reporter, 1st Series, Volume 2.djvu/84

 HOFFMAN ». TOnNfl. 77 �Burveyor's instruments, aud great consequent advantage to tha public are attained by such combination, is very clear. This alone, howeyer.would not support the patent. A mere aggre- gation of old parts, without any new resuit issuing from their united action, is not patentable. The parts must combine in operation, and by their joint efifect produce a new resuit. They need not aet simultaneously. If so arranged that the suc- cessive action of eaeh contributes to produce the resuit, which, ■when obtained, is the product of ail the parts, viewed as a ■whole, a valid claim for this combination may be sustained. Williams v. R. Co. 15 0. Gr. 655; Waring v. WUkinson, Id. 247; Forhush v. Cook, 2 Law Kep. 664; Herriny v. Nelson, 12 0. G. 362. �As was said by Commissioner Liggett, in Lynch v. Dryden, 3 0. G. 407, neither the courts nor commissioners have attempted to deline a patentable combination so exactly as to be suited to universal application — broad enough to includa ail that is legitimate, and narrow enough to exclude ail else. It wonld seem, however, from the decisions, that two tbings are always necessary — First, a novel assemblage of parts, exhibiting invention; second, the co-operation of the parts in producing a new resuit. By the term co-operate, however, the courts do not mean merely acting together or simultane- ously, but unitedly to a common end, a unitary resuit. Each and every part must have its sub-f unotion to perf orm, and each must have a certain relation to, and dependence upon, the other. �The resuit attained by the complainant's invention is the complete and expeditions adjustment. of surveyors' instru- ments; their erection vertically, over a fixed point on the ground, by, substantially, a single act. This resuit was not attainable before by either or both the instruments referred to by the respondent. The resuit is, therefore, new in the sense here involved ; and, as we bave seen, is highly beneficiai. lii accomplishing it the shifting and levelling devices act in com- bination, eaeh working to this end and uniting in its produc- tion. Though not essential that they should, they do, or, at ����