In re Merritt
In re Merritt
Opinion of the Court
delivered the opinion of the Court:
This is an appeal [by James S. Merritt, Charles F. Black, and Stephen Morris] from the decisión of the Commissioner of Patents rejecting appellants’ application for a patent for an improvement in metal lockers. The three tribunals of the
Though the combination of old elements in appellants’ structure is undoubtedly an improvement over the prior art, and probably has resulted in the production of a stronger and more durable locker, and one of easier construction than before existed, it is well settled that mere aggregation, when the result is but a combination of the known functions of the various parts, is not invention. Hailes v. Van Wormer, 20 Wall. 353, 22 L. ed. 241; James Spear Stove & Heating Co. v. Kelsey Heating Co. 85 C. C. A. 444, 158 Fed. 622; Re Davenport, 23 App. D. C. 370.
In adopting the conclusion reached by the tribunals of the Patent Office, it is unnecessary to review appellants’ claims in the light of the prior art. It is sufficient to say that nothing is disclosed which would, in our opinion, warrant the issue of a patent.
The decision of the Commissioner of Patents is affirmed, and the clerk is directed to certify these proceedings as by law required. Affirmed.
Reference
- Full Case Name
- IN RE MERRITT
- Cited By
- 1 case
- Status
- Published
- Syllabus
- Patents; Originality. The combination of old elements in a structure to produce a result which is undoubtedly an improvement over the prior art, in that the device so produced is stronger, more durable, and of easier construction, does not amount to, invention. Mere aggregation, when the result is but a combination of the known functions of the various parts, is not invention. (Citing Be Davenport, 23 App. D. C. 370.)