A Treatise On the Law of Patents for Useful Inventions As Enacted And Administ
A Treatise On the Law of Patents for Useful Inventions As Enacted And Administ
George Ticknor Curtis
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& Aid. 350. "It is there observed, that the word ' manufacturers, ' in the Patent Act, may be extended to a mere process to be carried on by known implements or elements, acting upon known substances, and ultimately producing some other known substance, but producing it in a cheaper or more expeditious manner, or of a better or more useful kind. " Now, if this process to be carried on by known implements acting upon known substances, and ultimately producing some other known substance of a bett...er kind, is patentable, a fortiori, will it be patentable, if it ultimately produces not some other known substance, but an entirely new and useful substance? " In Forsyth's patent, which consists of the application and use of detonat- § 153 «. ] EXTENT OF PRINCIPLE. 175 of overcoming this difficulty had been used, but with only partial success. The improvement of the patentee was to fracture the ing powder as priming for the discharge of fire-arms, it was held that whatever might be the construction of the lock or contrivance by which the powder was to be discharged, the use of the detonating mixture as priming, which article of itself was not new, was an infringement.
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