Krome had descended on the Primary’s desk. Apparently he had thrashed
around while trying to get his balance, and now he was half-stuck in
the desk. I got there just in time to see the helmet, right side up at
last, take up a fixed position at one end of a shelf of books.
“Oh,” said the Primary peering in through the faceplate. “I’m glad
you dropped in, Krome. I’d like you to meet Jones, our newest junior
Examiner. He just joined us today. Mr. Jones, Mr. Krome.” There was a
bitter, almost savage irony in his voice.
Krome nodded curtly, only his head visible above the desk top. His
arm came out of the desk as he started to shake hands. But he thought
better of it and his arm dropped out of sight again. Jones just sat
there, white, tense.
The Primary nodded. “Some misguided applicant has just cut his own
throat by persuading Mr. Krome to try out his invention.” He turned to
Jones. “There’s a good lesson here. The inventor has merely substituted
stone for water. In processes it’s a common expedient to substitute
one ordinary medium for another. Diving suits are no exception. Mere
gadgeteering.”
Jones just sat there staring at Krome’s head. I don’t think he heard
anything the Primary said. I could see that if anybody was going to
defend my application, I’d have to do it myself. I walked into the room
and took up the battle.
“But how,” I demanded, “can you reject an inventor on his own
co-pending application-one that hasn’t even been issued as a patent?”
Krome gave me a pained look through the quartz porthole. “Section one
hundred and two, A, says the invention must not have been known before
the invention by the applicant. There’s no inventive advance in the
diving suit over Marchare’s prior cabbagite application. Hence, in
effect, the diving suit invention was known when Marchare invented
cabbagite.”
I blinked at his steady black eyes. “You mean,” I said, “like jet
planes were known when the Chinese invented the sky rocket?”
“Precisely. This concept of patent law is so sound, so logical, that
I can’t understand why the Supreme Court took nearly a hundred and
fifty years to swing around to it. And, of course, when it’s the
inventor’s own prior work that’s used to reject a current application,
the situation is a double strike against him.” He leered at me
triumphantly. “How can a man be smarter than himself?”
“But even the Supreme Court says you can’t reject an application on
a combination merely because you can find all its elements in the
prior art,” I protested. “There can still be a patentable invention
in combining those elements. Here the invention consists of combining
cabbagite _and_ a diving suit. Nobody ever thought of that before.”
“Of course they never thought of it before,” he explained patiently.
“They couldn’t, because they never heard of cabbagite before.”
“Then nobody but Marchare could invent the diving suit.”
Public-domain text, read in full here on John Shaqi.
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