treatise covers the entire field of the patent laws of the United States, as those laws were enacted in the statutes and developed in the decisions, from the foundation of the national government in 1789, down to the first day of September, 1883. How accurately and well it covers that field, is a question which belongs to the bar and to the bench; and to the generous judgment of the bench and of the bar, I commit the result of my long and interesting labor. A. H. W. HARTFORD, CONNECTICUT, September 26, 1883. TABLE OF CONTENTS. 1. Constitutional and statutory foun- 10. Illustrated by the case of Mowry 2. Constitutional and statutory 11. Illustrated by the case of Tilgh- cases 11a. Illustrated by the Telephone 3. Patent law meaning of the word Cases. “ art." 12. Illustrated by the five cases 4. Patent law meaning of the word when compared. process," as illustrated in the 13. Illustrated by the five case of Corning o. Burden. when contrasted. 5. Patent law meaning of the word 14. Deduced from the five cases as “process," as illustrated by compared and contrasted. the case of MacKay 0. Jack- 15. Illustrated by the eighth claim man, and by other Circuit Court of Morse. cases. 16. Machines, and improvements of 6. Patent law meaning of the machines. word "process," precisely de- 17. Manufactures. fined. 18. Compositions of matter. 7. Difference between a patent for a 19. Distinction between machines, “process," and a patent for a manufactures, and composi- “principle,” inquired into. tions of matter. 8. Illustrated by the case of McClurg 20. Designs. 0. Kingsland. 21. On whose invention designs are 9. Illustrated by the case of O'Reil- patentable. ly o. Morse. 22. Utility and beauty of designs. 9) CHAPTER II. INVENTION. 23. Invention necessary to patent- ability. 24. Many negative rules, but no affirmative rule, for determiu- .Pages 20-43 ing the presence or absence of invention. 25. Mere mechanical skill is not in- vention. 39. Cases to which the last rule does 40. Doubts relevant to invention, solved by ascertaining compar- 42. Questions of invention are ques- 43. Questions of invention some- times investigated in the light 44. Joint and sole inventions. 47. Suggestions to an inventor. 48. Information sought by an in- 49. Mechanical skill not necessary 50. Sole patent to one joint inventor 62. Novelty pot negatived by any. thing substantially different. 64. Novelty in cases of designs. 26. Circumstances indicating differ- ence between invention and me- chanical skill. 27. Excellence of workmanship is not invention. 28. Substitution of materials is not invention. 29. Exception to the last rule. 30. Enlargement is not invention. 31. Change of degree is not inven. tion. 32. Aggregation is not invention. 33. Simultaneousness of action is not necessary to invention. 34. Duplication is not invention. 35. Omission is not generally in- vention. 36. Substitution of equivalents is not invention. 37. New combination, without new mode of operation, is not inven- tion. 38. Using old thing for new purpose is not invention. CHAPTER III. NOVELTY... 52. Novelty necessary to patent- ability. 53. Novelty defined. 54. Not negatived by knowledge or use in a foreign country. 55. Not negatived by private patent granted in a foreign country. 56. Prior printed publications. 57. Fullness of prior patents and printed publications. 58. Novelty not negatived by any abandoned application. 59. Qualification of the last rule. 60. Suocessful prior applications. 61. Novelty not negatived by any unpublished drawing, or prior model. tically useless. [tiquity of parts. 66. Novelty not negatived by an- 67. Novelty pot negatived by prior accidental and not understood production. 68. Novelty not negatived by any. thing neither designed, nor ap- parently adapted, nor actually used for the same purpose as the invention. 70. Dates of patented inventions. 71. Novelty is negatived by one in- 77. Utility necessary to patentabil. 82. Functions which sometimes 78. Utility is negatived by lack of 83. Functions thought by some to 79. Perfection not necessary to util- be good, and by others to be 84. Good functions in wrong places. 81. Utility is negatived where func- 85. Doubts relevant to utility to be 96. On sale," delineated and de 97. Sale of inchoate right to a pat- 98. Degree of identity necessarily involved between the thing con. 99. Making, works no constructive 100. Public knowledge works no 101. Public use or sale in a foreign 103. Constructive abandonment af. ter application, and before issue 109. Constituents of applications 111. Constituents of specifications. 113. The general statement of the 114. The description of the draw- 115. The detailed description of the 117. Claims in machine patents. 118. Claims in patents for manufac- 119. Claims in patents for composi- 120. Claims in process patents. 120a. Claims in design patents. 123. The constituents of the oath. 128. Specimens of compositions of 131. Notification of rejection. 133. Appeals to the Supreme Court 134. Bills in equity to compel the Commissioner to grant patents. 135. Amendment of applications. 136. The foundation of the right of 137. When an applicant may amend. 138. How an applicant may amend. 139. When an applicant must amend. 142. Decision on interference is not 144. No appeal from the Commis- sioner in interference cases; but 145. Abandonment of applications. 146. Constructive abandonment of 147. Constructive abandonment of 148. Effect of Commissioner's de- |