Page:Federal Reporter, 1st Series, Volume 6.djvu/398

 386 FBDEBAIi BEPOBTEB. �bplt of a safe door, and that the structure and action of the Herzberg device, if examined by an ordinarily Bkilful aafe- lock manufacturer, •would have suggested ^to bis mind that it could be applied to the bolts of a safe. The question still remains, could eitber the Herzberg or the Paine or the Cope inventions have been adapted to a safe without sueh a mater rial change of structure as could not be made by the mere skill of the mechanic to whom the new use had been sug- gested? The boit work pf a, safe is to be obstructed by a dog whichmust be connected with the adjusting devices by appropriate mechanisni. The Herzberg and kindred devices, if applied to a safe door,. are applied to purposes which de- mand a structure of altogether different character from that which turns a gas-cock or shuts the dopr of a bee-hive. The old mechanism was utterly un^sdapted to be used upon a safe door without material change; and the modifications which were reguired for the adaptation to the new use were not known by the ordinary mechanic when Little made his inven- tion, and could not have been devised by meehanical skill. �The defendant insists that after a person conceived the idea of applying and had applied a chronometrio move- ment to the door of a safe, there is not, in judgment of law, invention in applying an improved chronometrio movement, also old in the art, and not the invention of the patentee, to the door of the safe. If no Herzberg or kindred device had ever existed, it would obviously have been invention to have made a time lock which would automatically both lock and unlock a door at predefcermined and variable times. In such case there would be new meehanical function. The same function is introduced upon the door, when the Herzberg device is put upon it. But it may have required no invent- ive skill to put the old device upon the door, because meehan- ical skill only was requisite. If, however, it required the ppwer of inventing to adapt and apply the Herzberg machine to the safe door so as to make it of the least value, there, is ail the invention which the law demands. • �The remaining question is in regard to infringement. So much of the Chinnook lock, which is the one used by the ��� �