269 F. 272 | S.D.N.Y. | 1919
“My invention” states the patentee, “relates to a veil adapted to be used by women to cover the face, or face and front hair, or face and hat, as the purpose of use may require.”' The patentee further states:
*273 “I am aware that hair nets of textile material and provided with a circuitous ehistic cord substantially like the veil described by me have been used to confine the hair at the back of the head or on the top thereof; hut I believe that I ain the first to suggest the use of such nets as a veil is used over the face and head in position beneath the chin, and over the front part of the head or hat, as the case may be, for the dual purpose of protecting or ornamenting the face of the wearer, or for any other purpose for which a veil may be worn, and at the same time confining the front hair and holding the hat or other head covering in position. I therefore do not claim such netting with elastic confinement broadly for any pTirpose, hut I have limited my claim to the use of said article as a veil, and for the specific purpose and uses stated; that is to say, as a veil with the <hial purpose of covering the face, or face and head covering, and securing the same under the chin of the wearer and over the head or head covering, as the case may require.”
The single claim of the patent is:
“A veil for the purposes described, comprising a piece of open mesh fabric of a size to cover the face and head of the wearer, provided around its entire outer edge. with an clastic cord secured thereto, whereby said veil is retained in proper position in use, solely by said elastic cord.”
. These parts or postscript of the circular should be changed, so as to read in substance:
“P. S.—The U. S. Patent Office, Washington, IX C., has granted IT. S. Patent No. 1,293,221 on our Bonnie-B veil. This patent is for a veil comprising a piece of open mesh fabric of a size to cover the face and head of the wearer, provided around its entire outer edge with an elastic cord secured thereto, whereby said veil is retained in proper position in use solely by said elastic cord. * * * By virtue of the rights we claim under the patent, we hereby give notice that any one selling or offering for sale, a veil similar to the Bonnie-B veil is liable to suit for infringement.”
Defendants assert most earnestly that delay over the summer will seriously injure their trade, for which injury, if ultimately successful, they will be without remedy. I have repeatedly pointed out that usually cases involving garment wear should be speedily disposed of, because; often, the vogue is temporary, and ordinarily I should set the case for trial at an early date; but, owing to approaching vacation, any application to advance the cause should be made to the judge holding equity trials, who will be more familiar with the calendar status and with the propriety and possibility of advancing the trial.
Motion denied. Submit order on two days’ notice.