The New York herald., 1871-09-13
GOOD NEWS FOR INVENTORS.
Important Decision Reversing the prac-
tice Of the Patent Office.
Combinations Of Old Machines Declared Patent
able Without New Connecting Devices
The Object Of the Patent Office Com
missioner Leggett's New Rulo,
"The Test of an Invention 10
the Result Attained"
WASHINGTON. Sent.

WASHINGTON, Sept. IL, 1871.
Considerable stir has been occasioned during the
past week In Patent ONCE circles By decision OF
Commissioner Leggett. which indicates a more
liberal policy towards inventors aud Is certain In
vastly enlarge their field OF labor.
practice has grown up among the Patent Omce
examiners OF refusing patents for all combinations
OF machines unless there was some new mechanism
invented to connect them ana make them pracrcally
one machine For example, an inventor who should
combine one OF the HERALD'5 great power presses
with q folding machine and an addressing machine,
so that the three would work together aud result Ia
great saving OF time, labor and money, could get
no patent for his really useful and valuable COM
binati0n unless the three machines were practically
made into one by newly invented connecting
mechanism.
On the other hanu, an inventor who should COM
bine the same machines By new mechanism could
have his combination patented even though 1t were
wholly useless.
In the case just decided the applicant claimed tho
combination OF rolling mill, furnace aud spike
machine, arranged in such proximity that the
heated bar from the rolling mill might bc drawn By
hand into the furnace, where 1t prevcn ed from
becoming COOL and from which II was fed 10 the
spike machine In heated staie BY this means the
eXpensc0r reheatiny is saved and the s, Ikes pro-
duced are much superior in qdaiity TO those made
from rencated bars III the ordinary manner.
Tne primary examiner. ii accordance with the
practice OF the once held tnat there was no luyen-
ton IN the use or THESE OLD machines iii the manncr
stated and tnat they could not therefore, be Claimed
in combination when not counecsed by operating
mechanism TO render the Whole automatic.
On this question the case was carried on appeal TO
the Commissioner and argued at great lengtn. and
the appeal was sustained Dy Commissioner Leggetr
Ia the decision ren,tered, winch will govern lle
practice OF The Patent Oicc In the future all SUCH
cases.
THE OBJECT OF PATENT OFFICE
In this case-wAich, by the way, Is the most i'm.
IN It'll
commissioner decides that "the OBJECT OF the patels
law is TO stlulafe the inventive genus OF men, and
induce the discovery OF new ana improved articles
OF manufacture and new ana improved modes OF
producing such artices that better articles may
be made at the same expense or the same articles ut
less eXpenSe.n
lf the applicant makcst better spikes at less cx-
pense than could be produced by any means Known
before nis invention he Is Ohe OF the men the patens
question ls #T* as to whether the invention Is Of
such character 10 be entiLled to patent either
for comolnauon or arrangement After quoting
numerous decisions oil Tue courts the Commissioner
adds that "a careful reading OF them VIII show the
only true method OF determining whether Or not a
given arrangement or different mechanical devices
constitute valid combination under the patent
lawS.n "The true method OF examination Is 10 lrSE
ascertain what Is the effect and, second, what pro-
uuccS the eject" III the applicant mas invented
an arrangement OF machinery that Will produce
better spikes and bolts AT less expense than could
be done by machinery before known then he has a
patent able invention; Tor the test or invention Is
tie result attalnei.n
"Tne doctrine that oil parts OF valid combine
uon must DO connected by operating mechanism.
and that the product must be transferred from ona
device TO another IN the combination by automatic
process lS Illogical and pernicousn
NEW FIELD FOR INVENTORS.
This decision, 1t Will be seen completely reversel
the practice OF the Patent Once aud opens UP q
new neu 20 inventors. Now, any inventor who
Combine two or more machines, even though both
may he unpatcntablc, so as to obtain an improved
result, can have his combination patented No new
mechanism Is necessary. the produc; OF the new
comolnalon Is only looked TO.