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That letter which had come from Washington this morning informing him that the device this girl had invented was patentable, filled her hands with gold. It was necessary that he should have control of her, and at once. He put from him the knowledge of how her charm wrought upon him bound him the faster every time he spoke to her.
And do you know there has not been a patentable improvement made on that devil for 4,000 years? That fellow believed that God was a tyrant. That fellow believed that the earth was flat. That fellow believed, as I told you, in a literal burning, seething lake of fire and brimstone. That is what he believed in. That fellow, too, had his idea of politics, and his idea was, "Might makes right."
And do you know there has not been a patentable improvement made upon that devil for six thousand years. This gentleman in the dug-out believed that God was a tyrant; that he would eternally damn the man who lived in accordance with his highest and grandest ideal. He believed that the earth was flat. He believed in a literal, burning, seething hell of fire and sulphur.
But it is there, and the court will see it, and I'll prove that Delanne is a fraud a fraud when he says that my combination isn't patentable and isn't practicable even at that. The truth is that his device as it stands isn't practicable, and, besides, if he makes it so it infringes on mine. Would you like to take a flight with me?"
In a patentable combination the separate elements mutually act upon each other to effect a modification of their previous individual results, and secure a conjoint result greater than the sum of the individual results. The elements of a combination need not act simultaneously; they may act successively, or some may act without motion.
I say that then the marks, even if made obligatory, will gradually lose their SIGNIFICANCE, and at last become only proofs of ORIGIN. He knows but little of commerce who imagines that a merchant, a head of a manufacturing enterprise, making use of processes that are not patentable, will betray the secret of his industry, of his profits, of his existence.
In granting patents to foreigners the proper course for this country to follow is to give the same advantages to foreigners here that the countries in which these foreigners dwell extend in return to our citizens; that is, to extend the benefits of our patent laws on inventions and the like where in return the articles would be patentable in the foreign countries concerned where an American could get a corresponding patent in such countries.
A given association of mechanical elements may be entirely new, but it does not follow that it forms a patentable association, for not all new things are patentable. If the new association is a combination, it is patentable, but if it is a mere aggregation, it is unpatentable.
For instance, if the carpenter was employed on the mutual understanding that he was particularly ingenious in devising carpenter work, and capable of improving upon the products of the shop; and if in the course of his work he devised a new and patentable window frame, and developed it in connection with his employment and at the expense of his employer; and if the new frames were made by the employer without protest from the carpenter, the carpenter could, of course, patent the new frame, but he could not oust the employer in his right to continue making the invention, for it would be held that the employer had acquired an implied license.
Therefore, after a careful examination of these cases, it is no criticism of the courts to say that both sides have found abundant and about an equal amount of authority to sustain their respective contentions, and, as a result, counsel have submitted, in briefs, a sum total of 225 closely printed pages, in which they have clearly, yet, almost to a mathematical certainty, demonstrated on the one side that this Schrader machine is new and patentable, and on the other that it is old and not so.
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