Page:Popular Science Monthly Volume 15.djvu/635

Rh whatever is essential to that object, independent of the mere form and proportions of the thing used for the purpose, may generally, if not universally, be considered as the principle of the invention."

The third principle above enumerated, that a new combination is a patentable novelty, is well elucidated in the case of Barrett vs. Hull, 1 Mass., 474. This was a case for the infringement of a patent granted for "a new and useful improvement, being a mode of dyeing and finishing all kinds of silk-woven goods." Judge Story said: "A patent may be for a new combination of machines to produce certain effects; and this whether the machines constituting the combination be new or old." And in Whitney vs. Emmett, 1 Baldwin, 311, also the patentability of a new combination was upheld. What the learned Judge said is so good an epitome of all that has been said in the second part of this paper, that I give it, although it is merely cumulative:

"Novelty consists in producing a new substance, or an old one in a new way, by new machinery, or a new combination of the parts of an old one, operating in a peculiar, better, cheaper, or quicker method, a new mechanical employment of principles already known."

The rule in regard to new combinations, as above laid down, is most just, for the most valuable inventions consist in the combination of known mechanical powers. It makes no matter if some of the elements are old (McCormick vs. Talcott, 20 Howard, 405); nor even if every part of such invention can be found in some form or other among the many devices of human ingenuity. As was said in Pitts vs. Edmond, 2 Fisher's Patent Cases, 55, "The man who unites these powers and produces a new and important result to society is well denominated a public benefactor."

There is one important principle in regard to combinations which, although not bearing directly upon the question of novelty, yet ought to be remembered. Judge Story called attention to it in the preceding case of Barrett vs. Hull: "It is no infringement," he said, "of the patent to use any of the machines separately, if the whole combination be not used, for in such case the thing patented is not the separate machines, but the combination."

With this quotation I end the discussion of the question of novelty in patents. I have endeavored to make my answer as satisfactory as the difficulties of the question would allow. I have for that purpose viewed the subject from two standpoints of opposite natures and have enumerated and discussed certain principles of general application which were disclosed by this double observation. The work must at the best, however, be incomplete, for, as Mr. Parsons says, "It is obviously impossible to find precise and technical rules which always answer the question."