United States Circuit Courts of Appeals Reports Volume 113 (Paperback)

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: ... of the base thus built up in connection with live teeth 15 to give an artificial enamel or covering to the tooth, and therefore 5hY11ly hangs upon the top of the tooth--has nothing of the function of a foundation. But does this change the identity of the actual thing done? Is this difference of function a difference of process? We think not. The material out of which the base is made, the mecharr lcal means by which it is made, and the process are the same in b_lh cases. That being the case, the function of the artificial foundation to the natural tooth, though different from the function of the same thing "P911 the hridgc--tooth, docs not change the one thing into 111)' other thing when that one thing is identical with the other thing m every way except mere function. Whatever merit the Carmichael patent has is in the possibility that Carmichael was the first to discern that the grooving of a live tooth could take place without injuring it; and because of that was the first to apply this old mechanism to a live tooth. We do not say that such is the fact--we are only assuming it as a possibility. For even in that case the most that can be said of what Carmichael did is that it was a discovery in dentistry. The mechanism that Carmichael used to carry out his discovery--the utilization of the Williams mechanismiis none the less old; and it is with the mechanism that this patent ea s. The decree of the Circuit Court is affirmed. (193 Fed. 1.) MALONE V. HASTINGS et al. (Circuit Court of Appeals, Fifth Circuit. February 6, 1912.) N0. 2,169. 1. Saws (5 411)--BuI: icn BY SELLER--ACTION BY BUYEB--PLEADING--CONsraucnou.. A petition stating that defendants agreed to sell plaintiff a quantity of "pure, fresh, white Bermuda onion seed, of the very bes...