configuration sought to be secured shall, at least, be new and original
as applied to articles of manufacture. But here the shape is a common
one in many articles of manufacture, and its application to a reel
cannot fairly be said to be the result of industry, genius, effort,
and expense. No advantage whatever is pretended to be derived from the
adoption of the form selected by the complainant, except the incidental
one of using it as a trademark. Its selection can hardly be said to be
the result of effort even; it was simply an arbitrary chance selection
of one of many well-known shapes, all equally well adapted to the
purpose. To hold that such an application of a common form can
be secured by letters patent, would be giving the act of 1861 a
construction broader than I am willing to give it"

It would seem from this language that if there had been "advantage,"
that is, utility in the adoption of the form of the rhombus, that it
would have found more favor in the eyes of the Court.

This subject has been well discussed in the opinion of Commissioner
Foote in Crane _ex parte_. I concur in that opinion, except as to
the recital of the former practice of the Office, which a careful
examination has shown to be erroneous.

The third question may be readily disposed of. Modes of operation or
construction, principles of action, combinations to secure novelty or
utility of movement, or compositions of matter, can hardly be said to be
"shapes, configurations, or designs," but where the sole utility of the
new device arises from its new shape or configuration, I think it may
fairly be included among the subjects which the act of 1842 was designed
to protect.