Morrison Waite

“ The invention of Guidet covered by his reissued patent may fairly be stated thus: 'Take stone blocks in the form of parallelopipeds, with the ends sufficiently smooth, and the sides sufficiently rough, and put them together in a street pavement so that the ends will be parallel to the street, and the sides at right angles.' How large the blocks should be, how smooth the ends, or how rough the sides, is nowhere stated. All that is left to the judgment and skill of him who does the work. ”

“ This was simply carrying forward the old idea, and doing what had been done before in substantially the same. way, but with better results. The change was only in degree, and consequently not patentable. Clearly the reissued patent cannot be sustained. ”