In re Sorum
In re Sorum
Opinion of the Court
Appeal from a Patent Office decision rejecting 17 claims, from 5 to 21, inclusive, of which claims .7, and 20 are sufficiently illustrative:
“7. The combination with an adding machine comprising an accumulating mechanism and manipulating devices controlling the setting up of amounts r,o be accumulated, of denominational counters, and means for operating the counters automatically and incident to the operation of the accumulating mechanism to determine the number of units of different denominations or values necessary to make up each amount set up by the manipulative devices for accumulation.”
“20. In a machine of the class described, the combination of a plurality of counting devices, ail actuator associated with each counting device, operating means for the actuators normally inoperative relative thereto, and means -for initially selecting one or more of the actuators to render the same -operative in respect to said operating means, and accounting mechanism including accounting instrumentalities adapted for preliminary selection by tlie aforesaid selecting means, and operating means for said instrumentalities actuated from the above-mentioned operating means.”
“Instead of listing on what applicant refers to as a ‘denominationalizing’ mechanism the smallest number of coins necessary to pay the roll, the smallest number of coins are ejected to pay each item of the roll.”
The Patent Office tribunals were of the view that no invention was involved “in combining with the adding' machine a denominationalizing mechanism, instead of coin ejectors.” We are unable to accept this conclusion. Appellant stands forth as the originator of the idea. Up to the time he gave it expression, it apparently had occurred to no one else. He not only conceived the idea of combining an adding
“that if a new combination and arrangement of known elements produce a new and beneficial result, never attained before, it is evidence of invention.” Loom Co. v. Higgins, 105 U. S. 591, 20 L. Ed. 1177.
“The law has other tests of the invention than subtle conjectures of what might have been seen and yet was not. It regards a change as evidence of novelty; the acceptance and utility of change as a further evidence, even as demonstration.”
The decision is reversed, and the case remanded for the allowance of such of the claims as will adequately cover applicant’s invention.
Reversed and remanded.
Reference
- Full Case Name
- In re SORUM
- Cited By
- 1 case
- Status
- Published