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RECKENDORFER V. FABER, 92 U. S. 347 (1875)

U.S. Supreme Court

Reckendorfer v. Faber, 92 U.S. 347 (1875)

Reckendorfer v. Faber

92 U.S. 347


1. The decision of the Commissioner of Patents in the allowance and issue of a patent creates a prima facie right only, and, upon all the questions involved therein, the validity of the patent is subject to examination by the courts.

2. A combination, to be patentable, must produce a different force, effect, or result in the combined forces or processes from that given by their separate parts. There must be a new result produced by their union; otherwise it is only an aggregation of separate elements.

3. A combination, therefore, which consists only of the application of a piece of rubber to one end of the same piece of wood which makes a lead pencil is not patentable.

Page 92 U. S. 348

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