sega 
Memoir of the Life of Eli Whitney. 235 
or any similar purpose, consists of two small rollers made of wood 
or iron. In illustration of this point, plaintiff’s counsel cited the opin- 
ion of this court, delivered by Judge Johnson, in December term, 
1807, in the case of Whitney and others #s. Fort, upon a bill for 
injunction. 
The second objection relied on by the defendant, was “that the 
specification does not contain the whole truth respecting the discov- 
ety.” ‘To this it was answered, that by the testimony it appears Mr. 
Whitney in the original construction of his machine, contemplated 
each mode of making the teeth, and doubted which mode was best 
adapted to the purpose. If the alteration which forms the basis of 
this objection has the merit of an improvement, how far does it ex- 
tend? “Animprovement, not in the principle, nor in the operation of 
the machine, but in making one of its component parts; merely in 
forming the same thing, to produce the same effect, by means some- 
what different. In the case above cited, Judge Johnson remarked 
on this point, as follows : 
“A Mr. Holmes has cut teeth in plates of iron, and passed them 
over the cylinder. This is certainly a meritorious improvement in 
the mechanical process of constructing this machine—But at last, 
What does it amount to, except a more convenient mode of making 
the same thing? Every characteristic of Mr. Whitney’s machine is 
Preserved—T'he cylinder, the iron tooth, rotatory motion of the 
tooth, the breast work and brush; and all the merit that this discov- 
ey can assume, is that of amore expeditious mode of attaching the 
tooth to the cylinder.” i 
The counsel for Whitney, admitted that an improvement 1n a par- 
ticular part of the machine, would entitle the inventor to a patent for 
*new and better mode of making that specific part, but not for the 
Whole machine, as in the case Boulton vs. Bull, where a patent was 
“ourt to the jury, Judge Stephens remarked, that, the case cited, 
Whitney and others vs. Fort, was decided without any evidence on 
