If he could not use it, then he would not be getting the very
advantage for which he employed this particular carpenter, and if he
did get that right, he would be getting all that he employed the
carpenter for, and that right would not be at all lessened by the fact
that the carpenter had a patent under which he could license other
people. The patent does not constitute the right to make or use or
sell, for such right is enjoyed without a patent. The patent
constitutes the "exclusive" right to make, sell or use, and this the
shop owner does not get unless he specially bargains for it. Implied
licenses stand on delicate ground, and where men employ people of
ingenious talent, with the understanding that the results of such
talent developed during the employment shall inure to the benefit of
the employer, there is only one safeguard, and that is to found the
employment on a contract unmistakably setting forth the understanding.


NEW PURPOSE.

If an invention is old, it is old regardless of any new purpose to
which it is put. It is no invention to put a machine to a new use. If
an inventor contrives a meritorious machine for the production of
coins or medals, his invention is lacking in novelty if it should
appear that such a machine had before been designed as a soap press,
and this fact is not altered by any merely structural or formal
difference, such as difference in power or strength, due to the
difference in duty. The invention resides in the machine and not in
the use of it. If the soap press is covered by an existing patent,
that patent is infringed by a machine embodying that invention,
regardless of whether the infringing machine be used for pressing soap
or silver. And it is no invention to discover some new capacity in an