machine

A machine is a thing. A process is an act, or a mode of acting. The one is visible to the eye,—an object of perpetual observation. The other is a conception of the mind,—seen only by its effects when being executed or performed. Either may be the means of producing a useful result.

In patent law.

In its broadest signification, this term is applied to any contrivance which is used to regulate or modify the relations between force, motion, and weight. "The term 'machine' includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result." 15 How. (U. S.) 267. What are sometimes called the "simple machines" are six in number: The lever, the pulley, the wheel and axle, the wedge, the screw, and the inclined plane. These are sometimes known as the mechanical powers, though neither these nor any other machinery can ever constitute or create power. They can only economize, control, direct, and render it useful. Machines, as generally seen and understood, are compounded of these simple machines in some of their shapes and modifications. Although a new machine, or a new improvement of a machine, is an invention, and although only one invention can be included in a single patent, still, several different contrivances, each of which is in one sense a machine, may all be separately claimed in a single patent, provided they all contribute to improve or to constitute one machine, and are intended to produce a single ultimate result; and a new combination of machines is patentable, whether the machines themselves be new or old. 3 Wash. C. C. (U. S.) 69; 1 Story (U. S.) 273, 568; 2 Story (U. S.) 609; 1 Mason (U. S.) 474; 1 Sumn. (U. S.) 482; 3 Wheat. (U. S.) 454.

In patent law. Any contrivance ufeed to' regulate or augment force or motion; more properly, a complex structure, consisting of a combination or peculiar modification, of the mechanical powers. The term "machine," in patent law, includes every mechanical device, or combination of mechanical powers and devices, to perform some function and produce a certain effect or result. But where the result or effect is produced by chemical action, by the operation or application of some element or power of nafure, or of one substance to another, such modes, methods, or operations are calied "processes." A new process is nsually the result of discovery ; a machine, of invention. Coming v. Burden, 15 How. 252, 207, 14 L. Ed. 683. And see Pittsburgh Reduction Co. v. Cowles Electric Co. (C. C.) 55 Fed. 316; Westinghouse v. Boyden Power Brake Co , 170 U. S. 537, 18 Sup. Ct. 707, 42 L. Eld. 1136 ; Burr v. Duryee, -1 Wall. 570, 17 L. Ed. 650; Steams v. Russell, 85 Fed. 225, 29 C. C. A. 121; Wintermute v. Redington, 30 Fed. Cas. 370.

— Perfect machine. In patent law. A perfected invention; not a perfectly constructed machine, but a machine so constructed as to embody all the essential elements of the invention, in a form that would make them practical and operative so as to accomplish the result. But it is not necessary that it should accomplish that result in the most perfect manner, and be in a condition where it was not susceptible of a higher degree of perfection in its mere mechanical construction. American Hide, etn. Co., v. American Tool, etc., Co., 4 Fish. Pat. Cas. 299, 1 Fed. Cas. 647.

In patent law, any mechanical mechanical powers and devices, to duce a certain effect or result

In patent law. Any contrivance used to regulate or augment force or motion; more properly, a complex struct ure, consisting of a combination, or peculiar modification, of the mechanical powers. The term “machine,” in patent law, includes every mechanical device, or combination of me chanical powers and devices, to perform some funetion and produce a certain effect or result. But where the result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations are called “processes.” A new process is usually the result of discovery; a machine, of invention. 15. How. 252, 267.

' 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.

The term machine, in patent law, includes every mechanical device, or combination of mechanical powers and devices, to perform some function and produce a certain effect or result. But when the result or effect is produced by chemical action, or by the application of some element or power of nature, or of one substance to another, such modes, methods, or operations are called processes. Piper V. Brown, 4 Fish. Pat. Cas. 175. As used in the law of patents, " machine " includes every mechanical device, or combination of mechanical powers and devices, to perform some function and produce a certain effect or result. How distinguished from process. Corning v. Burden, 15 How. 252, 268. For some extended explanations of the different kinds of machines which may be protected to inventors, under the patent laws, see Union Sugar Refinery v. Matthiessen, 2 Fish. Pat. Cos. 600. Coal-cars held not such machines as are subject to mechanic's lien. New England Car-Spring Co. v. Baltimore, &c. R. R. Co., 11 Md. 81. Machinery. Is somewhat more extensive in meaning than machine. Thus, dies used in connection with a machine for manufacturing tinware, by means of which sheets of tin are cut into proper shape to be made up, though not machines, are yet covered by a policy of insurance on the machinery in a building on C Street, used for the manufacture of tinware. Seavey V. Central, &e. Ins. Co., Ill Mass. 540. Machinery, in a statute regulating the taxation of the real estate and machinery of corporations, includes the mains or pipes of a gas company. Commonwealth v. Lowell Gas Light Co., 12 Atten, 75. Machinery, upon a view of the whole agreement, held, to embrace a steamengine and a rolling-mill. Lowber u. Le Koy, 2 Sand/., 202. Machine-shop. In a policy of insurance, cannot be deemed to include an organ factory. Goddard v. Monitor, &c. Ins. Co., 108 Mass. 56.