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" The use of one material instead of another in constructing a known machine is, in most cases, so obviously a matter of mere mechanical judgment, and not of invention, that it cannot be called an invention, unless some new and useful result, as increase... "
Reports of Cases Argued and Determined in the Circuit Court of the United ... - Page 360
by United States. Circuit Court (2nd Circuit) - 1877 - 24 pages
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Cases Argued and Adjudged in the Supreme Court of the United States, Volume 18

United States. Supreme Court - 1874 - 726 pages
...difficult to bring the case within any recognized rule of novelty by which the patent can be sustained. The use of one material instead of another in constructing...a known machine is, in most cases, so obviously a mattor of mere mechanical judgment, and not of invention, that it cannot be called an invention, unless...
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Patent Cases Determined in the Supreme Court of the United States ..., Volume 2

Charles Sidney Whitman - 1875 - 814 pages
...difficult to bring the case within any recognized rule of novelty by which the patent can be sustained. The use of one material instead of another in constructing...decided saving in the operation, is clearly attained. Some evidence was given to show that the wagon-reach of the plaintiff is a better reach, requiring...
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The Dental Cosmos, Volume 19

J. D. White, John Hugh McQuillen, George Jacob Ziegler, James William White, Edward Cameron Kirk, Lovick Pierce Anthony - 1877 - 694 pages
...manufacture. This was intimated very clearly in the case of Hicks vs. Kelsey, 18 Wall., 670, where it was said "the use of one material instead of another in constructing...called an invention, unless some new and useful result, as increase of efficiency, or a .decided saving in the operation be obtained." But where there is some...
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United States Reports, Supreme Court: Cases Argued and ..., Volume 3; Volume 93

United States. Supreme Court - 1877 - 748 pages
...This was intimated very clearly in the case of Hicks v. Kelsey, 18 Wall. 670, where it was said, " The use of one material instead of another in constructing...called an invention, unless some new and useful result, as increase of efficiency, or a decided saving in the operation, be obtained." But where there is some...
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Albany Law Journal, Volume 15

1877 - 558 pages
...was intimated very clearly in the case of Hick» v. Keleey, 18 Wall. 670, where it was said •• the use of one material instead of another in constructing a known machine is, m most cages, so obviously a matter of mere mechanical judgment, and not of invention, that it cannot...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1877 - 678 pages
...invention comes within the principle which was enunciated in Hicks vs. Kelsey, (18 Wall., 673 :) Tbe use of one material instead of another in constructing a known machine is in more cases so obviously a matter of mere mechanical judgment and not of invention that it cannot be...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1878 - 466 pages
...was produced the simple substitution wonld have been without patentable merit. [James Greaves, 80. 2. The use of one material instead of another in constructing...called an invention unless some new and useful result, aa increase of efficiency, or a decided saving in the operation, be obtained. Bnt where there is some...
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American Journal of Dental Science

1878 - 620 pages
...intimated very clearly in the case of Hicks vs. Kelsey, 18 "Wall., 670, where it was said " the nse of one material instead of another in constructing...called an invention, unless some new and useful result, as increase of efficiency, or a decided saving in the operation be obtained." But where there is some...
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The Federal Reporter, Volume 123

1903 - 1108 pages
...Kelsey, 18 Wall. 670, 21 L. Ed. 852. In Hicks v. Kelsey, cited above, the rule is stated as follows : "The use of one material instead of another In constructing...judgment, and not of Invention, that It cannot be called invention, unless some new and useful result, an increase of efficiency, or a decided saving In the...
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Reports of Patent Causes: Decided in the Circuit Courts of the ..., Volume 1

Hubert Ashley Banning, United States. Circuit Courts - 1881 - 746 pages
...the case of Gardnerv. Goodyear Dental Vulcanite Company, 3 Off. Gaz., 295, considered. The rule that the use of one material, instead of another, in constructing...most cases, so obviously a matter of mere mechanical construction, that it cannot be called an invention, is not applicable where the substituted material...
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