In re Capron
In re Capron
Opinion of the Court
delivered the opinion of the Court:
It must be conceded that the superiority of rolled steel over cast steel for this purpose was well known. Appellant bases his claim for a patent on the ground that, prior to the invention of his apparatus, on which he has obtained a patent, and his process, on 'which an application is pending, it was not regarded as commercially feasible to bend rolled steel rails into circular tracks. It does not even appear in the record before us that, without the aid of appellant’s apparatus and process, it was impossible to accomplish this, but merely that it was commercially impracticable. Therefore we must agree with the tribunals below that whatever invention resides in appellant’s improvements must be confined 10 his apparatus and process. There can be no invention in substituting one known material for another to accomplish a known result. Neither can invention be predicated on the known expedient of making a track of circular formation with a break therein, so that its size may be slightly enlarged or diminished as occasion may require.
Appellant relies chiefly upon the case of Krementz v. S. Cottle Co. 148 U. S. 556, 37 L. ed. 558, 13 Sup. Ct. Rep. 719,
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 CAPRON
- Status
- Published
- Syllabus
- Patents; Patentability; Substituting Materials. 3. There can be no invention in substituting one known material for another to accomplish a known result. 2. The rule that invention cannot be predicated of the substitution of one material for another applies to the substitution of rolled for cast steel, although the former is more durable than the latter, and it has heretofore been impracticable to bend rolled steel for the purpose. 3. Invention cannot be predicated of tbe known expedient of leaving a joint in a circular track for a revoluble drum, so that its size can be slight- , ly altered.