J. L. Morr IRON WORKS ·v. CABSIDY. 47
when Helms takes that he takes what is old and well known. I am un- ,
able to discover, though the argument is presented with much refine-
ment of reasoning, that either the guard, finger-rest, or tool in the Helms
machine performs any such new function, never before performed in
prior machines, as to make the third claim a patentablecombination.
The bills should be dismissed, with costs, and it is so ordered.
Csnrmurma, J., who sat with me on the first motion for a rehearing
in the Keith Case, agrees with the conclusion I have reached.
, J. L. Morr Iaou Worms v. Cassmr and others. »
(Uircuit Court, 8. D. New York. March 22, 1887.)
Pvrmirrs ron INVENTIONSéPATENTABILHY—NOVELTY. 4 `
‘ Letters patent No. 199,806 were granted January 29, 1878, to one John Dem-
arest for an improvement in slop-safes for watersclosets, consisting of a safe
or safety·plate made of cast-iron ina certain form. Slop—safes of substan-
tially thesame form and for the same .purpose had been previously made
of lead or wood, covered with lead to-such an extent as to become amatter
~ of common. knowledge, and in 1877_a patent was ganted to anotheruperson
for a similar device in which porcelain was used. qld, in a suit by sai Dem-
arest brought upon his patent, that his invention was wanting in patentable
novelty, and his bill must therefore be dismissed. l ~
In Equity. · . — . ,
Ft·am.c·3s Forbea,¤for oratorl ·f ¤ - l _  
Arthur rv. Brksen, for defendants.
, Wnniznmz, J. This suit is brought upon letters patent No. 199,806,
dated January 29, 1878, granted to John Demarest for an improvement
in s1op—sa-fes for water-closets. Such slop-safes, of substantially the same
form and for the same purpose, had previous to this invention been
made of lead, or of wood covered with lead, to such an extent as to have
A become a matter of common knowledge. A similar device called a drip-
tray, made of porcelain or other earthenware, is described in letters pat-
ent No. 197,629, dated November 27, 1877, and granted to Charles
Harrison, for an improvement in drip—trays for water- closet bowls. The
patent in suit described a safe or safety-plate, of cast-iron, with an up-
ward rim or flange at the sides and back to prevent slops running over
the edge, made dishing towards a central opening in the middle, with a
downward flange around that opening. 'l`he claim is for the slop—safe
for water-closets made of cast-iron, having the downward flange and the
upward flanges, as and for the purposes set forth. In the patent to Har-
rison it is said:
" The upper surface, Ei, of the tray inclines from all sides towards the center, v
and the interior portion, E2, which forms the boundary in the opening in the