tea supermarket argued decided december claims turnham patent cashier counter movable frame cash carry grocery stores held invalid want invention pp extension counter alone sufficient sustain patent unless together old elements made new combination patentable pp mere combination number old parts elements combination perform produce new different function operation theretofore performed produced patentable invention patentee added nothing total stock knowledge merely brought together segments prior art claims congregation monopoly commercial success without invention make patentability concurrence two courts holding patent claims valid preclude overruling case standard invention appears used less exacting required combination made entirely old components pp district sustained validity certain patent claims supp appeals affirmed granted certiorari reversed john glaccum argued cause petitioner brief edwin balluff townsend beaman argued cause respondent brief lloyd patch justice jackson delivered opinion two courts concurred holding three patent claims valid stipulated valid infringed issue resolution granted certiorari whether applied correct criteria invention hold standards appropriate combination patent claims invalid stated without artifice claims assert invention cashier counter equipped frame rack top bottom pushed pulled move groceries deposited within customer checking clerk leave pushed back repeat operation kept counter guides resultant device works claimed speeds customer way reduces checking costs merchant widely adopted successfully used appear beyond dispute district explicitly found element device known prior art however found conception counter extension receive bottomless tray push contents tray front cashier decidedly novel feature constitutes new useful combination appeals regarded finding invention one fact sustained substantial evidence affirmed clearly erroneous identified new different element constitute invention overcame doubts consideration need device evidence commercial success one since courts perceived invention extension counter must first determine whether right think first place extension mentioned claims except perhaps construction strained consistent clarity required claims define boundaries patent monopoly stat carbon binney smith general electric wabash second place treat extension adequately disclosed amount invention need go far say invention never reside mere change dimensions old device certainly found mere elongation merchant counter contrivance time mind whatever length suited merchant needs third place extension conceded patentable improvement counter claims construed include patent nevertheless invalid overclaiming invention including old elements unless together old elements extension made new combination patentable bassick mfg hollingshead carbice american patents development thus disallowing thing designated two courts invention question whether combination survive basis indicia invention courts seek case nothing tangible new invention exists bringing old elements together sustained combination patents never ventured give precise comprehensive definition test applied cases voluminous literature subject excited discloses test agreed key patentability mechanical device brings old factors cooperation presence lack invention course time profession came employ term combination imply presence term aggregation signify absence thus making antonyms legal art words ordinary speech nearly synonyms however useful words art denote short form assembly units failed met examination invention employment tests determine invention results nothing confusion concept invention inherently elusive applied combination old elements together imprecision language counselled courts text writers cautious affirmative definitions rules subject negative rule accrued many litigations condensed precisely subject permits lincoln engineering mere aggregation number old parts elements aggregation perform produce new different function operation theretofore performed produced patentable invention end toledo pressed steel standard parts cuno engineering automatic devices conjunction concert known elements must contribute something whole way exceeds sum parts accumulation old devices patentable elements may course especially chemistry electronics take new quality function brought concert usual result uniting elements old mechanics case wanting unusual surprising consequences unification elements concerned nothing indicate lower courts scrutinized claims light rather severe test neither made finding old elements made device perform additional different function combination perform counter store counter always done supports merchandise convenient height customer makes purchases merchant sales rack draw push goods put within one place another rack smooth surface guide rails keep falling sliding counter guide rails ever done two two added together still make four courts scrutinize combination patent claims care proportioned difficulty improbability finding invention assembly old elements function patent add sum useful knowledge patents sustained contrary effect subtract former resources freely available skilled artisans patent combination unites old elements change respective functions presented obviously withdraws already known field monopoly diminishes resources available skillful men patentee added nothing total stock knowledge merely brought together segments prior art claims congregation monopoly appeals respondent lean heavily evidence device filled want enjoyed commercial success commercial success without invention make patentability toledo pressed steel standard parts supra courts concurred finding every element claimed except extension counter known prior art first time elements put work supermarket type stores although performed mechanical function known perform produced results striking perhaps previous utilization bring devices together apply save time customer checker good idea scores progressive ideas business patentable conclude findings one urged however concurrence two courts holding patent claims valid concludes recent restatement rule reads law rather correction errors fact finding undertake review concurrent findings fact two courts absence obvious exceptional showing error graver tank linde questions general importance considered contingent upon resolving conflicting testimony facts little dispute set aside finding fact invention none made except extension counter stand matter law defect find judgment standard invention appears used less exacting required combination made entirely old components ground judgment reversed footnotes checker stand including counter character described open bottom pusher frame thereon means guide said frame sliding movement goods placed end said counter within said frame may pushed along counter group position adjacent checker movement said frame cashier counter cash carry type grocery comprising portion spaced cashier stand upon merchandise may deposited arranged bottomless three sided frame said portion within merchandise deposited arranged means whereby said frame movable said counter said portion position adjacent cashier stand merchandise may thus moved group point may conveniently observed counted registered cashier cashier counter cash carry type grocery comprising portion spaced cashier stand upon merchandise may deposited arranged bottomless frame said portion within merchandise deposited arranged means whereby said frame movable said counter said portion position adjacent cashier stand merchandise may thus moved group point may conveniently observed counted registered cashier said frame open end adjacent cashier stand readily movable returned said portion receive merchandise another customer cashier occupied previous group finding fact district judge picard whose opinion appears supp keystone mfg adams diamond rubber consolidated tire index legal periodicals reveals less articles relating combination patents theory philosophy underlying patent laws among many texts walker patents deller ed stedman patents toulmin handbook patents merwin patentability inventions amdur patent law practice roberts patentability patent interpretation respect word invention justice brown said truth word defined manner afford substantial aid determining whether particular device involves exercise inventive faculty given case may able say present invention high order another see lacking impalpable something distinguishes invention simple mechanical skill courts adopting fixed principles guide process exclusion determined certain variations old devices involve invention whether variation relied upon particular case anything ordinary mechanical skill question answered applying test general definition mcclain ortmayer mr worth emphasis every patent case involving validity presents question requires reference standard written constitution article contains grant congress power permit patents issued unlike specific powers congress given grant qualified congress free rein example decide patents easily freely given congress acts restraint imposed statement purpose art purpose promote progress science useful arts means achievement end grant limited time inventors exclusive right inventions every patent grant privilege exacting tolls public framers plainly want monopolies freely granted invention justify patent serve ends science push back frontiers chemistry physics like make distinctive contribution scientific knowledge years opinions commonly taken inventive genius test enough article new useful constitution never sanctioned patenting gadgets patents serve higher end advancement science invention need startling atomic bomb patentable quality distinction masters scientific field falls recognize advance justice bradley stated atlantic works brady consequences looser standard never object laws grant monopoly every trifling device every shadow shade idea naturally spontaneously occur skilled mechanic operator ordinary progress manufactures indiscriminate creation exclusive privileges tends rather obstruct stimulate invention creates class speculative schemers make business watch advancing wave improvement gather foam form patented monopolies enable lay heavy tax upon industry country without contributing anything real advancement arts embarrasses honest pursuit business fears apprehensions concealed liens unknown liabilities lawsuits vexatious accountings profits made good faith attempts years get broader looser conception patents constitution contemplates persistent patent office like administrative agencies looked favor opportunity exercise discretion affords expand jurisdiction placed host gadgets armour patents gadgets obviously place constitutional scheme advancing scientific knowledge reached show pressure extend monopoly simplest devices hotchkiss greenwood doorknob made clay rather metal wood different shaped door knobs previously made clay pencil howard wall rubber caps put wood pencils serve erasers collar van dusen wall making collars parchment paper linen paper linen previously used brown piper method preserving fish freezing container operating manner ice cream freezer reckendorfer faber inserting piece rubber slot end wood pencil serve eraser dalton jennings fine thread placed across open squares regular hairnet keep hair place effectively tack two rivers mfg putting metal washer wire staple miller foree stamp impressing initials side plug tobacco preston manard hose reel large diameter water may flow hose wound reel hendy miners iron works putting rollers machine make moveable germain brunswick revolving cue rack shenfield nashawannuck mfg using flat cord instead round cord loop end suspenders florsheim schilling putting elastic gussets corsets cluett claflin shirt bosom dickey sewn onto front shirt adams bellaire stamping lantern lid fastened lantern hinge one side catch patent clothing glover bridging strip cloth across fly pantaloons reinforce tearing pope mfg gormully mfg placing rubber hand grips bicycle handlebars knapp morss applying principle umbrella skirt form morgan envelope albany perforated wrapping paper oval rather cylindrical toilet paper roll facilitate tearing strips dunham dennison mfg envelope flap fastened envelope fashion envelope opened without tearing patent involved present case belongs list incredible patents patent office spawned fact patent flimsy spurious one brought way declared invalid dramatically illustrates far patent system frequently departs constitutional standards supposed govern inventive genius justice hunt reckendorfer faber genius invention chief justice fuller smith whitman saddle intuitive genius justice brown potts creager inventive genius justice stone concrete appliances gomery inventive genius justice roberts mantle lamp aluminum products cuno automatic devices flash creative genius merely skill calling