A Treatise On the Law of Patents for Useful Inventions in the United States of a

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" 1 Wyeth V. Stone, 1 Story's R. 273, 280. In this case, Mr. Justice Story said : " The next point is, whether the ice-machine used by tEe defendants is an infringement of the patent, or, in other words, does it incorporate in its structure and operation the substance of Wyeth's invention ? I am of opinion that it does include the substance of Wyeth's invention of the ice- cutter. It is, substantially, in its mode of operation, the same as Wyeth's machine ; and it copies his entire cutter. The ...only important difference seems to be, that Wyeth's machine has a double series of cutters, on parallel planes ; and the machine of the defendants has a single series of chisels, in one plane. Both machines have a succession of chisels, each of which is progressively below the other, with a proper guide placed at such a distance as the party may choose, to regulate the movement ; and in this succession of chisels, one below the other, on one plate or frame, consists the substance of Wyeth's invention.

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