Machine

' In the law of patents, includes every mechanical device, or combination of mechanical powers and devices, to perform some function and produce a certain effect or result.* A concrete thing, consisting of parts or of certain devices and combination of devices. The principle of a machine is "its mode of operation," or that peculiar combination of devices which distinguishes it from other machines. A mere principle or idea cannot constitute a machine.' Patentable inventions pertaining to machines are: 1. Entire machines; as, a car for a railroad, a sewing-machine.

2.

Separate devices of a machine; as, the coulter of a plow, the driver of a reaping-machine. 3, New devices of a machine in combination with old elements, all embraced in one claim, or with separate claims for what is new, together with a claim for the new combination of all the elements.

4.

Devices or elements of a machine in combination, all being old.* All that the law requires of an inventor of a machine is that he shall describe the manner of constructing ' Exp. Wall. l Or U. S. 275 (1882), Bradley, J. Wall, an attorney-at-law, was disbarred by the Circuit Court for the Southern District of Florida for advising in a case of lynching, and sought reinstatement by a Tnandamus from the Supreme Court. 2 United States v. Hardyman, 13 Pet. 178 (1839). 5 F. machine; Gk. mechane^ & device. « Corning v. Burden, 15 How. 367 (1853), Grier, J. ' Burr V. Duryee, 1 Wall. 570 (18C3), Grier, J. ' Santord v. Merrimac Hat Co., 4 Cliff. 405 (1876), Clifford, J. And see Georgia Pacific E. Co. v. Brooks, and using it in such full, clear, and exact terms as will enable any one skilled in the art to which it pertains ■ to make and use the machine; and that he shall explain the principle thereof, and the best mode in which he contemplated applying that principle, so as to distinguish it from other inventions. Under these provisions, it has been held that a patentee is not generally limited to the literal import of his description of his invention, but that, in construction, he may make such modifications of it as do not involve a departure from its principle or a material change in its mode of operation.'

See Equivalent, 2; Mode, Of operation; Patent, 2; Process, 2. Machinery.

Means somewhat more than machine. Includes whatever is necessary to the working of a machine; as, dies used in manufacturing tinware, the saw in a sawmill, the pipes of a gas company.^ When cars, though used at times, and at other times detached, are formed into a train, to which propelling force is imparted by means of a locomotive, the entire.train constitutes machinery connected with or used in the particular business.^ In determining whether machinery becomes a fixture, regard must be had to the object, and to tlife effect and mode, of annexation.* See Fixture. An employee who knows that machinery which he is operating is so defective as to be dangerous, protests. against further use of it, receives no assurance that the defect will be remedied, but continues to use it, voluntarily assumes the incidental risks.^

See Negligence.