The Barre daily times. (Barre, Vt.) 1897-1959, 1908-02-03

An ss7s whieh was a biiI for the
infrivg.ment 81 . design patent for a
ehegse safe. the law applicable 70 design
rate,.tx does not materially differ from
that Il eases 81 mechanical patents and
aII shp regulations and provisions which
apnlv Is the obtaining " profession Of
uatents ior inventions and discoveries
shall apply % patents
FOR designs. To
sntitle / party To the benefit Of the AZ
u asegs.r case there must be originality
s,,a tf..i exercise 81 the inventive faculty
~ 49, eue there must be novelty ana
ufilitv. il tile other originality and
haautv Mere mechanical skill is insult
e,ant There must be sonnet hing akin
- gepius-an effort Of the brain as well
" fhe hand. The adaptation Of old
devices Or forms 10 new purposes how
sver convenient. useful or beautiful they
nsav Be in the new role, i not Invention
The
shane produced must Be the result Of
Industry. effort genius Or expense, and
new aud original as applied % articles
~ manufacture Foster rs Crosein, a
Esa e2. The exercise Of the inventive
81 orieinative faculty Is required, and a
person cannot be permitted to select an
existing form and simply put it to
new use any more than he can Se per
mitted 70 take patent Tor the mere
au,,bIe u<s Of a machine. II. however,
the selection. and adaptation Of an exist
ssg form Is moru than the exeTeise Of
tie initiative faculty and the result Is
m eifeet. a new creation, the design may
be patentahle.
Again the learned elsief justice quotes
the Judge who first decided the case then
IN hand as follows:
"a mechanic may take the LEGS OF
one stove and The cap Of another ard the
aoor ~ another and make a new design
which has TO element Of invention; but
II does not follow that the result Of the
thought III mechanic who lsaS fused to-
epther two diverse shapes which were
made upon different principles 20 that
new tines and curves and 4 harmonious
and novel whole are produced whieh
possesses new grace and which has
utility resultant from the rev shape
exhibits no inyertion.
And he held that this was effected
nv the patentee and that the shape that
BE- produced was therefore patensabls,
but We cannot concur in this view
Substituting rock faced spaniTels
found in obeiisk monuments for carved
spandrels Of sarenphaglls monuments
could not b sustained IS , patertel De-
sign under the law Of Smith Is. Nichols,
Fl Wall. liz.
Justice SwayTe. speaking for the su-
prene court. therein said
"A mere carrying forward o. rev Or
more extended application of the original
thought, u change only IN form. proper
tions or degree. the substitution Of equiv
4 tents. doing substantially the sane
thing In the same wav by substantially
Is same means with better results. Is
not such invention SIS viii sustain
nafent. These rules apply alike. wheshe,
what preceded was covered By a patent
8 re- "a ONLY in public knowledge and
Ise hi neither ease can there be an
INVASION II stAch i6nfaih' and IN aPpro.
s1atisn az anStHaihg found there In
5ne case evasyt lisls9 8sathfAgs 10 shefprier
sasentee; in the ether. to tfe public at
arges
III view II al the evidence in this
sase Il Id tie state 81 fhe prior art.
ana unable To find III this design inven
.inn II i the saSill Of tie dEsughts-
man.
Ii il cantenled III the eomplainant
hat the H0etf1ne al stare desisis should
IL appliea ii this ease and the Daley
lwse i eitc*l Tire as~i gnneRts 81 error
before the circuit court 81 Appeals Il
.hat ease presented different questions
rom those that are before me IN MS
ase and although Tie s8ne r3.eHt was
aere involved. the evidence and the
lusstions raised differed ard. therefore,
hold that that doctrine does not apply,
The pleadiags raise an issae of fact
: to whether defendant Mari, as adj
ninistFatar since the death ot Gxalek-
hank, hassEHen SrsEersStssl in II HSna.
aetura 81 & Be maf4apaeatS in qges iica.
re complainant Claims that the 6steua-
.ntS have made four. nasngiiiienSs that
afrlnged I ind. fr61I the evidence,
hat those monuments were eonssrugted
'efere the death Of Cfagieksilane. AMI
nat neither Inaes. his partner Cruics
hank. nor Mari, the administrator g
'rtfiekshank knew Of the existence q
his pates9 Or thai they were making
the design ef which WAS
overed b letters patent
hink the bill should be dismissed and
+ j. 50 og1ered
Decision A. to cess reserved
Brattlehoro Vermont, JanuaFy sa
SOS.