Art

1.

A principle put into practice by leans of some art, machine, manufacture, r composition of matter. See Aks. " The Congress shall have Power.. To promote le Progress of Science and Useful Arts, by securing 1 Inventors the excltisive Kight to their.. iscoveries."^ In speaking of patenting an " art " the reference is >t to an art in the abstract, without a specification of le manner in which it is to operate as a manufacture • otherwise, but to the art thus explained in the speci-:ation, and illustrated, when of a character so to;, by a machine or model or by drawings. It is the ■t so represented or exemplified, like the principle 1 1 Bl. Com. 75; 2 Kent, BSS; 21 How. 101; 9 Mass. 227. 2 F. arson, incendiarism: L. ardere, to bum. = 4 Bl. Com. 220; 40 Ala. 664; 20 Conn, *246. < 2 Bishop, Cr. L. §8. "HiU V. Commonwealth, 98 Pa. 195 (1881); State v. c Gowan, 20 Conn. *246-47 (1850). n 4 Bl. Com. 220-23. '1 Whart. Cr. L. § 813; 32 Cal. 160; 51 N. H. 176; 19 so embodied, which the patent laws protect. In the English patent acts the word " art " is not used at all. And in ours, as well as in the Constitution, the word refers to a "useful art," or to a manufacture which is beneficial, and which, by the same law, is required to be described with exactness as to its mode of operation.' " Useful art " is the general term used in the patent laws. An art may require one or more processes or machines to produce a certain result or manufacture. The arts of tanning, dyeing, making water-proof cloth, vulcanizing India-rubber, smelting ores, and numerous others, are usually carried on by processes, as distinguished from machines.^ Without attempting to define the term " art " with logical accuracy we take as examples of it something which. In their concrete form, exhibit what all concede to come within a correct definition, such as the art of printing, that of telegraphy, or that of photography. The art of tanning leather might also come within the category because it requires various processes and manipulations.^ Centuries ago discoveries were made in certain arts the fruits of which have come down to us, but the means by which the work was accomplished are at this day unlinown. It would hardly be doubted, if one discovered an art thus lost, and it was a useful improvement, that he would be entitled to a patent. He would not literally be the original inventor; but he would be the lirst to confer on the public the benefit of the invention.'

See Design, 3; Patent, 2; Process, 2. 2.

A description of the art of book-keeping, though entitled to the benefit of copyright, lays no foundation for an exclusive claim to the art itself. The object of the one is explanation; of the other use. The former may be secured by copyright; the latter, if at all, by letters-patent.* A copyright may be secured for models or designs intended to be perfected as works of the fine arts — painting and sculpture.^ See Copyright. American works of fine arts are importable free of duty.'

See Furniture.

3.

Trade; business; calling. Words of art are imderstbod as in the art or science; other words, in their popular or received import " When parties who are engaged in a particular business use terms which have acquired a well-defined meaning in that business, the supposition is that they intended the terms to have their ordinary technical meaning.* A vessel was chartered to carry a cargo of oranges. 1 [Smith V. Downing, 1 Fish. P. C. 70-71 (1830), Woodbury, J.; French u Rogers, ib. 142 (1850). = Corning v. Burden, IB How. 267 (18S3), Grier, J. ' Jacobs V. Baker, 7 Wall. 397 (1868), Grier, J. * Gayler v. Wilder, 10 How. 497 (1S60), Taney, C. J. « Baker u Selden, 101 U. S. 105 (1879), Bradley, J » R. S. § 4952. ' Act 22 March, 1883: 22 St. L. 521. e Maillard v. Lawrence, 16 How. 261 (1853); Moran v Prather, 23 Wall. 499 (1874); Greenleaf v. Goodrich lOI the captain engaging to " take the nortliem passage." The cargo becoming damaged, the charterer hbeled the vessel for the loss. The court below found that " northern passage " appeared to be a term of art, unintelligible without the aid of testimony, that the evidence concerning it was conflicting, but that it was immaterial to decide What it meant as the claimant was entitled to the least strict deflnitlon and the actual course of the vessel came within that definition. Held, that if the term was a term of art it should have been found by the court; and that if there was no passage known as the ''northern," the vessel was bound to take the one which would carry it in a northerly direc- » tion through the coolest waters, and the court should have ascertained from the proof what passages vessels were accustomed to take and which passage the contract permitted.^ See Abbeeviations; Expert; Science; Technioal; Teem, 1.