art

A principle put in practice, and applied to some art, machine, manufacture, Copper-plate printing on the back of a banknote is an art for which a patent may be granted. 4 Wash. C. C. (U. S.) 9.

In Patent Law. A principle put in practice and applied to some art. machine, manufacture, or composition of matter. Earle v. Sawyer. 4.Mas. 1, Fed Cas. No. 4,- 241. See COPYKTQH I': l'.\ Under the tariff laws an artist's copies of antique masterpieces are works of art of as high a grade as those exe ated by the same hand from original models of modern sculptors: Tutton v. Viti, 108 U. S. 312, 2 laws includes professional productions of statuary or of a sculptor only; U. S. R. S. 478. This definition is held to embrace such works of art as are the result of the artist's own creation or are copies of them made under his supervision, as distinguished from the productions of the manufacturer or mechanic. For most practical purposes works of art may be divided into four classes: 1. The fine arts properly so called, intended solely for ornamental purposes and including paintings in oil and water, upon canvas, plaster or other material, and original statuary of marble, bronze, or stone. 2. Minor objects of art intended also for ornamental purposes, such as statuettes, vases, drawings, etchings and articles whicb pass under the general name of bric-a-brac, and are susceptible of an indefinite number of reproductions from the original. 3. Objects of art which serve primarily an ornamental, and incidentally a useful purpose, such as painted or stained glass windows, tapestry, paper hangings, etc. 4. Objects primarily designed for a useful purpose, but made ornamental to gratify the taste, such as ornamented clocks, the higher grade of carpets, curtains, gas fixtures and household and table furniture; U. S. v. Perry, 146 U. S. 74, 13 Sup. Ct. 26, 36 L. Ed. 890. No special favor is extended by congress to any of these classes except the first, which is alone recognized as belonging to the domain of high art; id., where stained glass windows were held not to be exempt from duty as paintings imported for the use of a religious society and not intended for sale. Under the tariff act of 1897, plaster casts of clay models, though gilded and painted and produced in unlimited quantities, are "casts of sculpture" and entitled to free entry when specially imported in good faith for the use and by the order of any society established solely for religious, philosophical, scientific, educational or literary purposes; Benziger v. U. S., 192 U. S. 38, 24 Sup. Ct. 189, 48 L. Ed. 331.

A principle put in practice and applied to some art, machine, manufacture, or composition of matter, 4 Mason, I. See Act Cong. July 8, 1870. In the law of patents, this term means a useful art or manufacture which is beneticial, and whieh is described with exactness in its mode of operation. Such an art can be protected only in the mode and to the extent thus deseribed. 1 Fish. Pat. Cas. 64. See, also, 15 How. 267; 7 Wall. 295.

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.

The power of doing something not taught by nature or instinct; Johnson. The arts are divided into mechanical and liberal arts. The mechanical arts are those which require more bodily than mental labour; they are usually called trades, and those who pursue them are called artisans or mechanics. The liberal are those which have for the sole or principal object, works of the mind, and those who are engaged in them are called artists; Pard. Dr. Com. n. 35.