Harlan F. Stone

“ There is no intention to make or license others to make the partial machine because, although it is possible to use it without the cutting knife, it is not designed for such independent use.' It thought that the grant of a patent which the patentee has no intention of exploiting as a distinct invention 'for the purpose of blocking the development of machines which might be constructed by others', is inconsistent with the constioutional requirement that the patent grant must 'promote the Progress of Science and useful Arts'. ”

“ The patent application for the complete machine discloses a highly ingenius device, which is said to have achieved a great advance in the art by increasing the speed and skill with which pears are prepared for canning, and to result in a great saving of manpower. The renewed application for the subcombination specifies and claims the apparatus which we have described but without the splitting knife. ”

“ And we cannot say that others, who could not secure a license to use the complete machine, would not find it profitable to secure, or that petitioner would not find it profitable to grant, licenses to use the subcombination which the court below has found to be a useful device which has advanced the art. ”

“ Fixed upon, and rotatable with the table of the first turret, are a plurality of pear receiving and clamping means, spaced upon the upper surface of the turn table, adapted to receive and clamp either a pre-split or a whole pear. At the first intermittent stop a swinging knife shears off (bobs) the stem of the fruit, which extends beyond the clamps. At the next intermittent stop, overhead traveling jaws or clamps grasp the fruit concurrently with its release from the first clamp and carry the fruit longitudinally to a point over the second turn table. ”