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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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The Law of Patents as Illustrated by Leading Cases: With ..., Volume 1

Walter Forwood Rogers - 1914 - 902 pages
...manufacture. 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." is true of all combinations,...
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Decisions of the Commissioner of Patents and of the United ..., Volume 913

United States. Patent Office - 1914 - 640 pages
...intimated very clearly in the case of fiicks v. Kelsey, (5 OG, 94; 18 Wall., 670,) where it was said: "The use of one material instead of another in constructing...mechanical judgment, and not of invention, that it can not be called an invention, unless some new and useful result, as increase of efficiency or a decided...
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Federal Statutes Annotated: Patents to Porto Rico

United States - 1918 - 1320 pages
...Cir. 1906) 147 Fed. 253, 77 CC A. 392; Cover f. American Thermo-Ware Co., (ND 111. 1911) 188 Fed. 670. The use of one material instead of another in constructing...efficiency, or a decided saving in the operation, is clearly at7 FED. STAT. ANN. (2o ED.) tained. Protector Last Re-enforcing Co. •r. Pell, (DCN .1. 1913) 204...
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Patent Law

John Barker Waite - 1920 - 332 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 involve invention to polish it. If a telescope has been made with a certain degree of power, it involves...
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Court of Customs and Patent Appeals Reports

United States. Court of Customs and Patent Appeals - 1951 - 580 pages
...rule was stated in the case of Hicks v. Kelsey, 18 Wall. 670, 673, wherein the Supreme Court stated : The use of one material instead of another in constructing...decided saving in the operation, is clearly attained. * * * Appellant in constructing the claimed apparatus has combined elements which in themselves are...
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Patent and Trade Mark Review, Volume 12

1914 - 398 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." This, we think, conclusively...
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Decisions of the Commissioner of Patents and of the United States Courts in ...

United States. Patent Office - 1876 - 588 pages
...Bisbee invention comes within the principle which was enunciated in Hicks vs. Kelsey, (18 Wall., 673 :) The 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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