Henry Billings Brown

“ Richmond in San Francisco and that disclosed by his patent; but the real invention was made when the ferrule with the porcelain crown was adopted and applied to the root of a tooth prepared for the purpose of receiving it. All subsequent progress was made on this line and in furtherance of this idea, and was such as would occur to an ordinarily skillful dentist. There is a multitude of cases in this court to the effect that something more is required to support a patent than a slight advance over what had preceded it, or mere superiority in workmanship or finish. ”

“ Another is explained in the patent of November 4, 1873, to John B. Beers, who seems to have been the first to make use of a screw or pivot to attach the cap to the root of the tooth. In both of these cement or porcelain enamel was used to fill the cap and secure the necessary adhesion to the root. Two or three other similar devices are shown; but none of them seem to have been attended by any practical success, and neither of them exhibits the combination of the Richmond patent. Indeed, it was scarcely claimed that his invention had been anticipated ”

“ Among the earliest exhibits put in evidence is that known as 'Searles No. 1,' which was a tooth which had been treated by the defendant Gaylord in 1879, according to the Richmond process as then practiced, and which remained in good condition until 1885, when it fell out, the root having become loose. The exhibit as originally put in evidence showed the root surmounted by a crown. This Exhibit Searles No. 1 is claimed to be identical with the patent in having a floor extending completely across the ferrule, and united therewith in front as well as in the rear. ”

“ Justice MATTHEWS, speaking for this court: 'A use by the inventor for the purpose of testing the machine, in order by experiment to devise additional means for perfecting the success of its operation, is admissible ”