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Hotchkiss v. Greenwood (52 U.S. 248, 1850 December 28)


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[OBVIOUS] {1} No one will pretend that a machine, made, in whole or in part, of materials better adapted to the purpose for which it is used than the materials of which the old one is constructed, and for that reason better and cheaper, can be distinguished from the old one; or, in the sense of the patent law, can entitle the manufacturer to a patent. The difference is formal, and destitute of ingenuity or invention. It may afford evidence of judgment and skill in the selection and adaptation of the materials in the manufacture of the instrument for the purposes intended, but nothing more. ... In other words, the improvement is the work of the skilful mechanic, not that of the inventor.


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