Minerals Separation, Ltd. v. Hyde

Citations

• 207 F. 956
• 1913 U.S. Dist. LEXIS 1368

Syllabus

<p>1. Patents (§ 16*)—Patentability—“Process”—“Patentable Process.”</p> <p>Broadly speaking, a “process” is a' definite combination of new or old elements, ingredients, operations, ways, or means, to produce a new, improved, or old result, and any substantial cliange therein by omission, to the same or better result, or by modification or substitution, with different function, to the same or better result, is a new and patentable process. New or substantially changed methods whereby the irroduct is bettered, increased, or cheapened may be a new and “patentable process.”</p> <p>[Ed. Note.—Eor other cases, see Patents, Cent. Dig. §§ 14, 15; Dec. Dig. § 16.*</p> <p>Eor other definitions, see Words and Phrases, vol. 6, pp. 5642, 5643; vol. 8, p. 7766; vol. 6, p. 5235.]</p> <p>2. Patents (§ 29*)—Process—Description—Statement of Quantities.</p> <p>In a patent for a process, which is not of itself the result sought, but only the means thereto, a range of quantities that leaves something to the judgment of the operator is all that can be described, and is sufficient.</p> <p>[Ed. Note.—For other cases, see Patents, Dec. Dig. § 29.*]</p> <p>3. Patents (§ 92*)—Persons Entitled to Patents—Joint Inventors.</p> <p>Where an invention was the result of experiments made by an employ!) under instructions given by his employers, after consultation between themselves, to which each contributed suggestions, from time to time observing his work and obtaining reports thereof, it was the joint invention of the employers, and properly patented as such.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. § 124; Dee. Dig. § 92.*]</p> <p>4. Patents (§ 328*)—Validity and Infringement—Process of Ore Concentration.</p> <p>The Sulman, Picard, and Ballot patent No. 835,120, for a process of ore concentration, was not anticipated, and discloses novelty and invention; also hold infringed.</p>