Corning v. Burden (56 U.S. 252, 1853)
Decision Parameters
- Case: Corning v. Burden
- Type: [PROCESS, MEANS]
- Date: 1853
- Code: 56 U.S. 252
- Court: Supreme Court
- Vote: 9-0
- URL: supreme.justia.com/cases/federal/us/56/252/case.html
- Patent: 1890
Decisions It Cites
Decisions That Cite It
Rules & Quotes
[PROCESS] {1} A process, eo nomine, is not made the subject of a patent in our act of Congress. It is included under the general term "useful art". An art may require one or more processes or machines in order to produce a certain result or manufacture. The term machine includes every mechanical device or combination of mechanical powers and devices to perform some function and produce a certain effect or result.[PROCESS] {2} But where the result or effect is produced by chemical action, by the operation or application of some element or power of nature, or of one substance to another, such modes, methods, or operations are called "processes". A new process is usually the result of discovery; a machine, of invention. The arts of tanning, dyeing, making waterproof cloth, vulcanizing India rubber, smelting ores, and numerous others are usually carried on by processes, as distinguished from machines.
[MEANS] {3} He cannot describe a machine which will perform a certain function and then claim the function itself and all other machines that may be invented to perform the same function.