Page:Federal Reporter, 1st Series, Volume 9.djvu/419

404 FEDERAL REPORTBR. �"I claim, as new, the herein-descvibed process of manufacturing middlings flour by passing the middlings, after their discbarge from a purifier, tlirough or between rolls, and subsequently bolting and grinding the same for the purposes set forth." �The point is that this is a process patent, as distinguished from a patent for a mechanical device. This difference in the law concern- ing patents for inventions is one of great moment. If it is a patent for a process, the particiilar mechanical device by which the process is worked is not patented ; any machinery or mechanical device for exeeuting the patent is not embraced in it. Generally a patent for a process, for that reason, is very muoh more valuable than a patent for a mechanical device, because whatever way you make any altera- tion in the device changes the nature of it, if it be for a combination patent ; if you add an element, or omit an element, such patent is easily evaded. But not so with the process patent, which has no concern with the specifie mechanical devices or contrivances by which the process is worked. �New, Mr. Downton, after securing that patent, and, as shown by the proofs, being an intelligent man, and with an ingenious mind, also contemplated the procuring at this time of a patent for machin- ery for the purpose of working his process ; for instance, this patent is to be worked, as it appears, by rolls and rollers, and he contem- plated at this time the procuring of a patent for rolls— for a mechan- ical device, or machinery to operate his patent, and also for what is known as a middlings duster, known as "Downton's Peerless Mid- lings Duster." �Now, after he had obtained this process patent, and when he had these patents for machines in contemplation, he fell in with the firm of AUis & Co., of Milwaukee and Chicago, who it seems had a large establishment for the manufacture of machines of various kinds. Downton having the patents, — that is, having one and contemplating getting others, — it was supposed they could make an arrangement to act together, (Allis & Co. to manufacture the rolls and duster, and avail themselves of Downton'a patent for the right or process,) and they made a series of contracts. I will allude to each of them very briefly. The only one now material to be considered is the one I first read: �" For and in consideration of the sum of $125, to me in hand paid, I hereby sell. assign, and set over to Edward P. Allis & Co., of Milwaukee, Wisconsin, their successors and assigna, the exclusive right to manufacture and sell rolls for crushing grain or middlings, or other substances. No. 162,157, dated Apri] ��� �