Reckendorfer v. Faber
92 U.S. 347

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U.S. Supreme Court

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

Reckendorfer v. Faber

92 U.S. 347

Syllabus

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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