Lake Shore & M.S. Ry. Co. v. National Car Brake Shoe Co.
110 U.S. 229 (1884)

Annotate this Case

U.S. Supreme Court

Lake Shore & M.S. Ry. Co. v. National Car Brake Shoe Co., 110 U.S. 229 (1884)

Lake Shore & Michigan Southern Railway

Company v. National Car Brake Shoe Company

Argued January 9-10, 1884

Decided January 28, 1884

110 U.S. 229

Syllabus

In this case, it was held that on the record herein, claim 2 of letters patent No. 40, 150, granted to James Bing, October 6, 1863, for an "improved shoe for car brakes," namely, "The combination of shoe A, sole B, clevis D, and bolt G, the whole being constructed and arranged substantially as specified," does not embody any lateral rocking motion in the shoe as an element of the combination.

Page 110 U. S. 230

On such a construction there was, on the record herein, patentable novelty in said claim, and a structure having the same four parts in combination, with merely formal and not substantial mechanical differences infringes said claim.

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