Melville Fuller

“ In the Chambers patent the blocks had four inclined sides, which would make the filled space run lengthwise as well as crosswise. In the Cowing patent the crevices run lengthwise 'across the direction of the street or road.' As Cowing's combination simply embraces blocks of the same shape and material, and similar filling, applied in substantially the same way, and producing substantially the same results, as in the prior patents referred to, it cannot be regarded as possessing patentable novelty. ”

“ Was a wood pavement 'composed of blocks, each side having a single plain surface, and one or more of the sides being inclined, and the blocks being so laid on their larger ends as to form wedge-shaped grooves or spaces to receive concrete or other suitable filling,' patentable April 5, 1870, in view of the state of the art? ”

“ In the case of the Ballard block, the splitting cut is made in a direction parallel with the grain; but that is because the object of having the grain run in a particular way controls the action of the mechanic, who makes the cut as he desires the fiber to run. Complainant's expert admits that the patentee in the McBird patent, by the first cut he makes, produces a block of rhomboidal form, and, by a second oblique cut, divides his block into two equal wedge-shaped blocks, produced without waste of material ”