New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1875-08-09
UNITED STATES SUPREME COURT.

WASHINGTON Aug. s.-The following ~ the de-
cisou the Supreme Court III regard 70 ruDbr
nads tor Lad pencils an Gea winch rs DO, an SAMUEL
! HSaT 81 al Tbs e' the ea.s q The iar Patent
useful Rubber head for lead pencils After .tae te
The question which naturally presents itself r eonsiaer
OF au,cfr ella med patent aoe AZ such
II 9 e If n b o s M for new or useful art mscn
nanuiacur composition m mattel or any new and nsein
new Manufacture beng new and asein rubber 1 l
the pencil for head 20 b- attached Ia pencil or some
tnr else Ike character II becomes Necessary ~
new arice manufacture. and Determine what II - ana
!. msde Of Tupber dr rubber and some
.ral wbirh viii increase iis erasiye properties.
ms part OF the invention could have been paiente'
.blI had onn zen kno%n ana 80 n 1raI IDe iy a
ICES J. s any convenient external form II may
hye .ap or a sF other or ta a NAV @ 6 S,
81 f nventi,n IL vas however u on tie argument
tai te nyeaSn do consist IN s paqse'c s,ml in t g
drawing attached TO the sPeein anon; ~ y uas
are Indicted but beyond question: the case
with lr The shape uers shown Is con'ca extending
uontd specially adapted 70 the use OF daughts.nen IN
p-c nof te sides furnish the cular sd
Tag OF io But aiho%f Draw l a. afGP ba any e nee
purpose of Illustration only because te patente If
S fr Inc pnrios 20 long a. is made 80 a. encompass
~ c and ~ s,n an erasive surface upon of
Certainly words could have been chosen to indicate
more clearly thai patent vas hol asAen lor i9
form II evident that The essential tlrineLi
ity provided attaching the head OF the pencil The pIO
mind Of the inventor clearly vas th form OF
Of the head II additional prUUf ~ THIS Is
found III the further statement IN the sitci
locates the head for al OF near the end "f
and made surround the part on winch r
held thereon by the nneI ent elasticity
be- composed. II INTENDED 70
essential. form that would sur
TIE requisite erislve sur
have in IL lo2udnal; socket Ia re
OF pencil or teDOn extending from =
De cyhndnc or Of any other proper shape
Usually male ~ Ia extend part way
tLraug! desirable II might lie extended en-
trey through might De WITHIN end but paric lLr
end made essential THIS clearly Is no
prDviding the of rubber ~ he used must
reading from end into or Thought rms
open nay and OF extent ODgiiudlnaly
Tie therefore " the inside The subject
% All that required ths far Ia meet the
II The and thus ia there In nothing new"
Both the outside and INSIDE may
form which VII accommodate the parties de
But the witty must be- made smaller than the
pcLc and constructed encompass lts SIDES ana e h
1f rubber Tins adds noiD
The psenaIc chaIacte 'f tie inveuo Everyday
patent applied Tor that II solid substance
inserted cavity Of rubber smaller than ~
self the would cling 10 IT. The small opening ia the
patniable Driilrr the of rubber What
therefore left for this pateniee hut the idea that
inserted INTO cavity u piece Of rubber smaller
imam viii pencil and when
20 attached convenient for An
Gea Of Itself Is paensbe but device By which
made practically useful Is The idea Of tins pat.ntse
good bat ms device effect though us,fdL
az not new Consequently he took nothing Ills patent
Inc decree Circuit confirmed The Chief JUS
- del The