Charles Evans Hughes, Smith v. Magic City Kennel Club…
“ There was manifestly no invention in a combination consisting of a rail track, with a casing adjacent to the course, a conveyor car, and an arm projecting over the course and connected with a mechanical lure carried in advance of racing dogs. ”
Charles Evans Hughes, Smith v. Magic City Kennel Club…
“ Patentability could be predicated of Smith's improvement, only by reason of the distinctive feature of the arm which he employed.The differences in the respondents' apparatus. Which are urged as avoiding infringement, are that the respondents use a rigid horizontal arm, that it is not hinged to the car, that there is no wheel, and that the arm has no ground support at its free end; and, further, that the respondents has located their conveyor housing on the inner side of the race course, while claim 1 of the patent puts the casing on the outer side. ”
Charles Evans Hughes, Smith v. Magic City Kennel Club…
“ If the arm was at the end and no wheel to support it, it would naturally drag on the track.' Respondents' witness testified that the difference in the arm they used, which does not in clude the wheel for supporting the arm, is that when the arm 'has a wheel under the end as it runs over the track, it doesn't have any vibration'; that vibration makes the lure 'jump up and down' giving it a more lifelike appearance. ”
