George Shiras, Jr.

“ Looking, first, to the patent sued on, we find that its object is stated to be 'to prevent the oil from dripping on the axle when the car stands still, and to feed the oil to the axle and bearing whenever the car moves and jolts.' The essential parts are a cup holding the oil, a pipe with exterior thread screws at each end, a stopper or plug, and a gauge. ”

“ The case is obviously within the principle, so often declared, that a mere carrying forward of the original thought-a change only in form, proportions, or degree, doing the same thing in the same way, by substantially the same means, with better results-is not such an invention as will sustain a patent. ”

“ The extent of the lift of the valve is limited by the extension of the plug, the under surface of which acts as a stop in limiting or controlling the upward movement of the valve. If the cup is moving comparatively slowly, no stop is required, as the momentum communicated to the valve is not sufficient to throw it far enough from its seat to make one necessary. ”

“ Taggert, 17 How. 74, it was held by this court that it was for the jury to judge of the novelty of an invention, and of the identity of the machine used by the defendant with that of the plaintiffs, and whether they were constructed and acted upon the same principle. ”