George Shiras, Jr.

“ Whether or not such a device, as a merely incidental feature of a compound machine, can be deemed a new acticle of manufacture, there is no proof of infringement, as it is not pretended that the defendants have ever made any such new article of manufacture. The alleged invention in Gates' patent No. 4 is for a combination of old features, to wit, a shaft, a bearing for the shaft, a hard-metal plate in the lower end of the shaft, an adjustable sliding step block, and an oil step box. ”

“ We here perceive the double motion, that is, 'the revolving and rolling motion,' which is a feature of the Pearce patent, and the operation of the two machines is similar, in that in both the pestle alternately closes upon and recedes from the sides of the outer shell, so that any substance or material to be ground is thereby crushed, and passes downward to the lower part of the machine, where the space gradually lessens, and is crushed finer. ”

“ The trough or shell is cast integral with the case shell. These claims cannot be broadened by eliminating or disregarding any of their language. The breaking head of the defendants' machine is not concave, and it follows that their machine has no trough extending upward and within the concave breaking head. The defendants' machine, therefore, infringes neither the second nor the fourth claim of the Brown patent. ”