...law regarding the definition of "machine.*' The state of the case law leads us to bat one conclusion. While many items have been held to be, or not to be,...basis of its own facts, technical and legislative. This mandate for flexibility and our own study of the case law, cause us to be wary of blindly adhering...

...of which are cited in the IDL case, supra. The court, in the IDL case, stated that since — • * * many items have been held to be, or not to be, "machines,"...basis of its own facts, technical and legislative. And then went on to say that the merchandise in the case before it — * * * goes by the name of paper...

...that the completed pepper mill, such as in the form of exhibit 2, is a machine. While it is true that many items have been held to be, or not to be, "machines,"...case must be decided on the basis of its own facts. United States v. Id I JIfg. d Sales Corp., 48 CCPA 17, CAD 756 ; Nord Light, Inc. v. United States,...

...bar. As was stated in the IDL Mfg. case, supra, the determination as to what constitutes a "machine" remains simply a question of common meaning and each...basis of its own facts, technical and legislative. The merchandise herein involved differs somewhat from that involved in the Linread case, supra. The...

...MEANING There is no "judicial determination" of what a machine is; common meaning is determinative, and each case must be decided on the basis of its own facts, technical and legislative. United States Customs Court, First Division 65/17654 and 67/14595 against the decision of the collector...

...139, 117 USPQ 300, which involved a different set of facts, sufficiently in point to control here. Each case must be decided on the basis of its own facts. The decision is affirmed. Affirmed. RICH, J. (dissenting) : The broad issue is whether, on the record...

...decisions dealing with this statutory provision, the court, in the Idl case, supra, concluded : * * * While many items have been held to be, or not to be,...basis of its own facts, technical and legislative. In applying this rationale, and seeking a common meaning of the word "machine," the court, in the Idl...

...us to but one conclusion. While many items have been held to be, or not to be, "machines," there is a question of common meaning and each case must be...basis of its own facts, technical and legislative. Counsel for plaintiffs quotes the following statement by the court in Nord Light, Inc. v. United States,...

..."commercially bought and sold as such." The parties seem to agree that common meaning is determinative. "[E]ach case must be decided on the basis of its own facts." United States v. Idl Mfg. & Sales Corp., 48 CCPA 17, CAD 756. Appellant thus argumentatively describes...

...accord with the view that there is no necessary conflict. As -we said in IDL and repeated in Durst, [2] While many items have been held to be, or not...basis of its own facts, technical and legislative. So that it will be clear just what we are deciding in this case, we shall first attempt to make clear...