Use

». To "use a port," means to go into a harbor or haven for shelter., for commerce, or forpleasure, and to derive a benefit or an advantage from its protection. Going near a harbor or port, sai Ung past, or going in the direction of it, is not a use of the port.

Snow v. Columbian Ins. Co., 48 M Y. 624.

When the words "to use" are employed in connection with " port," they mean to go into a port, harbor, or haven, for shelter, commerce, or pleasure, and' to derive a. benefit or advantage from its protectioni Wheeler t).

N. Y. Mutual Ins. Co., 36 N.. Y. Suneriar Cti 247.

Ordinarily, the term "use a port " means to enter it, and, until that takes place, the port is not used; and' the warranty is not broken, &iow 0. Coliunbian Ins. Co., 48 Barb. 469. the improvement for which it, is claimed. shaU be useful as well as new. It is only for a " new " and " useful " invention that the commissioner is authorized' to grant a patent. Noxious or hurtful contrivances, things which contravene public policy or injure the morals or impair the interests of society, are not within the protection of the patent lawsf nor ought mere trivialities to, obtain any substantial foothold by their aid. But while the courts recognize the principle, 1 that to warrant a patent the invention must be useful or the patent will b© void, yet it is held that any degree of utility is sufficient to support a patent. The word useful, in the patent l»w, is used in opposition to frivolous or noxious. It is not necessary that the thing invented should be the best possible of its kind. By "useful" is meant such an invention as may be applied to som^ beneficial use in society, in contradistincti On to an invention which is injurious to the morals, the health, or the good order of society. It need not be of such general utility as to supersede all other inventions in practice to accomplish the same purpose. The law does not look to the degree of utility. The requirement of the statute as to utility is satisfied if the invention is capable of being used for the purpose for which it is designed, and that purpose is at all beneficial. By " useful," in the patent law, is meant^ not an invention in all cases superior to the modes now in use for the same purposes, but " useful " in contradistinction to frivolous and mischievous inventions.

Lowell V. Lewis, 1 Mas. 182, 186.

By " useful " is meant such an invention as may be applied to some beneficial use in society, in contradistinction to an invention which is injurious to the morals, the health, or the good order of society.

Bedford v. Hunt, 1 Mas, 302.

Any degree of utility is sufficient to support a patent. The word useful, in the patent law, is used in opposition to frivolous or noxious.

Winans v. Schenectady & Troy K. R. Co., 2 Blatchf. 279, 290; Kneass V. Schuylkill Bank, 4 Wash. U. Ct. 9; Roberts V. Ward, 4 Mc Lean, 666.

A patented invention is deemed useful if it is not frivolous. The want of utility may be good cause for not granting the patent, but not ground for setting it aside. Whitney v. Emmett, Baldw. 303; Dickinraises the presumption of novelty and utility; and, if utility is contested, the burden of proof is upon the defendant. Upon the question of the utility of an invention courts are not rigid; and, unless the invention be shown to be absolutely frivolous and worthless, the patent is valid.

Parker v. Stiles, 6 Mc Lean, 44.