19 F. 424 | U.S. Cir. Ct. | 1884
(orally.) This action is upon a patent. The patent consists of lapping over two pieces of leather in making the seam of a boot or any other work of the kind, running a line of rivets along, and then a line of stitching on each side of the line of rivets, so as to make a compact, tight seam. The plea sets up that the patentee in this case, on a prior occasion, procured a patent, and that this other and prior patent is for the same thing, with the addition of a piece of India rubber inserted between the two pieces of leather. The strip of India rubber having been inserted, a line of rivets is*run along with two lines of stitching, one on each side of the line of rivets, in the same manner as in the second patent. The defendant claims that the -second patent is not a new invention; that it is merely a combination of a part of the elements of the first patent, or of the prior invention, and therefore that the second patent is void, as not covering
4 Fed. Rep. 720; 5 Fed. Rep. 197