The Law of Patents, Trade-Marks, Labels and Copy-Rights; Consisting of the Sections of the Revised Statutes of the United States, with Notes Under Each Section, Referring to the Decisions of the Courts and the Commissioner of Patents, Together with the Rules o (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. 1884 Excerpt: ... examined for the purpose of seeing whether the ideas of the inventor are incorporated in it. Sickles v. Borden, 3 Blatch. 535; Treadwell v. Parrott, 3 Fish. 124; s. c. 5 Blatch. 369; Gibson v. Harris, 1 Blatch. 167. A difference in the mechanical arrangement and construction of two machines is not necessarily a test by which to determine that the two are not identical. They may be apparently very different externally, and still embrace the same substantial identity in principle or mode of operation. So, on the other hand, the converse of the proposition is equally true. The two may apparently be very similar externally, and still in principle and mode of operation be very different. There is no better mode of examining a question of this kind than to inquire whether the mechanical arrangement and construction of the two embrace the same set of ideas, the same leading features, or ideas, which in practical operation produce the useful result. In other words, whether the arrangement and combination of the parts of machinery found in each are substantially the same, and operate in substantially the same way in producing the result. Hence, the real question as it respects the identity of the two machines, looks simply to their mechanical arrangement and construction as to whether or not the defendant's incorporates in its structure and operation the spirit and substance of the plaintiffs improvement, that is, uses the arrangement and mechanism of the plaintiffs to perform the same function or produce the same effect in the same way or substantially the same way. Le Roy v. Tatham, 2 Blatch. 474; s. c. 14 How. 156; Smith r. Higgins, 1 Fish. 537; Sickles v. Borden, 3 Blatch. 535; Florence S. M. Co. r. G. & B. S. M. Co., 110 Mass. 70; Morris v. Barrett, 1 Fish...