Richards v. Chase Elevator Co.
Citations
- 159 U.S. 477
- 16 S. Ct. 53
- 40 L. Ed. 225
- 1895 U.S. LEXIS 453
Syllabus
<p>The court, on application to file a petition for rehearing, adheres to Its opinion, reported in 158 U. S. 299, that letters patent No. 308,095, Issued November 18, 1884, to Edward S. tticliards for a grain transferring apparatus, are wholly void upon their face, for want of patentable novelty and invention..</p> <p>While the omission of an element in a combination may constitute invention if the result of the new combination be the same as before; yet, if the omission of an element is attended by a corresponding-omission of the function performed by that element, there is no invention if the elements retained perform the same function as before. '</p> <p>When the result of a combination of old elements is a mere aggregation of the several functions of the different elements of the combination, each performing its old function in the old way, there is nothing upon which a claim to invention can be based.</p>
Judges: Beown
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