Cluett v. Claflin

by Henry Billings Brown

United States Supreme Court

140 U.S. 180

Cluett  v.  Claflin

'Its construction consists in preparing and fixing the two or more layers in place smoothly in relation t ea ch other, and then binding the edge with a folded strip of cloth like the bosom front, cut bias (or diagonally) or straight from the piece, so as to turn the curves of the bosom without tendency to gather on one side, and so as to suit round, square, or any other shaped bosom, this binding extending entirely around the bosom, (except at the neck and yoke,) and holding the parts firmly in place by a line of stitches before the bosom is inserted in or placed on or attached to the body of the shirt, and finally attaching the bosom so prepared to the shirt-body, in the manner hereinafter shown. The invention consists in the shirt-bosom or shirt and bosom, so constructed, and not in the bosom alone.'

His claims were as follows:

'(1) In combination with a shirt-body, a shirt-bosom bound on the outer edge with a folded and stitched binding, and attached to the shirt-body by a separate line of stitching through such binding.

'(2) The shirt-bosom, S, composed of two or more thicknesses of cloth, B, L, bound on the outer edge with the binding, B", and secured to the shirt-front, F, by the line of stitching, O.'

Upon the hearing in the circuit court the invention was held to be invalid for want of patentable novelty, and the bill was dismissed. 24 Blatchf. 412, and 30 Fed. Rep. 921. Plaintiffs thereupon appealed to this court.

Saml. A. Duncan and James A. Skilton, for appellants.

David Tim, for appellees.

Mr. Justice BROWN, after stating the facts as above, delivered the opinion of the court.

Notes