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