Summary

Joseph McKenna Abercrombie Fitch Company v. Baldwin…

It is based on the contention that the stirrer is an essential of plaintiff's lamp and that a stirrer is absent from defendants' lamp, which is in all other particulars, as far as this case is concerned, similar to the plaintiff's lamp. To the contention of defendants, therefore, we cannot assent. There is a stirrer in both, and its form, as we have seen, is not of the essence of the invention. There is nothing occult in the act of stirring; it is causing movement or disturbance, and this may be performed by a straight rod as by a bent one.
Source: Wikisource

Joseph McKenna Abercrombie Fitch Company v. Baldwin…

To conduct water to the carbide it necessarily had to extend to the carbide receptacle and as necessarily had to penetrate the carbide if the rod located in it, whether straight or bent, was to act 'in the nature of a stirrer, which on proper manipulation' might 'be used to break up the mass of carbid surrounding the outlet of the water duct,' which is the purpose that the patent ascribes to it.
Source: Wikisource

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