It is unpatented and is not an element of the patent upon which Morton relied. The patented machine was a combination of unpatented parts. A mining claim always starts out as an unpatented claim. Activities on unpatented claims must be restricted to those necessary to mining. All of the algorithms in the SAFER family are unpatented and available for unrestricted use. Eureka Specialty Co. began to sell the staples, an unpatented product, to some machine users. Once it became an unpatented over-the-counter drug, the price dropped significantly. As the mule was unpatented others soon manufactured it.