You, Me And C: The Truth
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That being said, if sheet metal parts have few bends or are particularly narrow, the shaft diameter won’t need to be as large as is typically required. The great power of this press adapts it to the working of large and solid formes in printing, but it is somewhat slower in action than the Albion press, which is both lighter in construction and quicker in working. II. By any just or legal construction of the specification forming a part of the patent in question, and giving the only description of the invention for which the patent issued, said patent is for a new process, mode, or method, of converting puddlers' balls into blooms, by continuous pressure and rotation of the ball between converging surfaces; thereby dispensing with the hammer, alligator jaws, and rollers accompanied with manual labor, previously in use to accomplish the same purpose, and is not confined to the particular machines described in the specifications and drawings. After particularly and clearly describing the process in question, and the means by which it is accomplished, the patentee proceeds as follows: 'It will be readily perceived also, by the skilful machinist, that the principle upon which I proceed may be carried out under various modifications, of which I have given two examples; and these might be easily multiplied, but this is not necessary, as I believe that those which have been given must suffice to show, in the clearest manner, the nature of my invention, and point out fully what I desire to have secured to me under letters-patent of the United States.' Does this look like only claiming to be the inventor of a specific machine?
It is true that the patentee, after describing his machine, has set forth his claim in rather ambiguous and equivocal terms, which might be construed to mean either a process or machine. The court in substance held, that although the mechanical construction and action of the defendants' machine might be different from that of the plaintiff's, it was still an infringement if it reduced the balls to blooms by continuous pressure and rotation. If this construction be correct, the other two instructions given by the learned judge to the jury are also correct and follow as necessary corollaries. Besides, if the objection had been made at the trial, that the patent given in evidence varied from that described in the declaration, the court would have directed the declaration to be amended by substituting the word process in the place of machine. 1. The letters-patent to Henry Burden, which have been given in evidence by the plaintiff, are for a new process, mode, or method of converting puddler's balls into blooms, by continuous pressure and rotation of the ball between converging surfaces; thereby dispensing with the hammer, alligator jaws, and rollers accompanied with manual labor, previously in use to accomplish the same purpose.
The specification commences in these words: 'To all whom it may concern, be it known, that I, Henry Burden, of the city of Troy, in the county of Rensselaer, and State of New York, have invented an improvement in the process of manufacturing iron.' Now let us here pause, for an instant, to inquire if the patentee really intended to represent his invention as one consisting in a new or improved machine, to be used in the manufacture of iron; why, with his thoughts upon the subject, did he not say so, instead of calling it an 'improvement in the process of manufacturing iron? The defendant's counsel then proposed the following question to the witness: 'Do you consider the invention of Mr. Burden, as set forth in his specification, to be for a process or a machine? The defendant's counsel then proposed to prove 'that the machine used by the defendants differed in point of mechanical structure and mechanical action from the machines described in the plaintiff's specification.' This testimony was also overruled and exceptions taken. In conclusion, the court in this case should have held that the plaintiff's patent was for a machine.
And after setting forth many other matters to be given in evidence, affecting the novelty of plaintiff's machine, the notice denies that the machine used by the defendant was an infringement of that patented by plaintiff, and avers that the machine used by them was described in a patent issued to the defendant, Winslow, in December, 1847, 'for rolling and compressing puddlers' balls,' differing in principle and mode of operation from that described in the plaintiff's patent. The processes of milling the coin, finishing the edges of the buttons, making the shot or balls, and making the blooms, are strictly identical. 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. It is included under the general term 'useful art.' An art may require one or more processes or machines in order to produce a certain result or manufacture. If you flip it into face and eye detection mode, you'll keep your subject in focus more reliably than on the X-T3. When on, this magnifies your focusing area to make it easier to focus manually each time you turn the lens’s focusing ring.
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