Coop v. Dr. Savage Physical Development Institute, Ltd.

This is a special demurrer to the complainants’ bill in equity for infringement of letters patent No. 358,463, dated March 1, 1887, to R. J. Roberts, for a walking track for gymnasiums.

The first ground of demurrer, which is stated in various forms, is that the patent is, upon its face, void for want of patentable novelty and for' *900want of invention. ■ The single claim of the patent, which describes the alleged improvement with sufficient clearness, is as follows:

“I therefore claim, as a new or improved manufacture, a gymnasium walking track, substantially as described, consisting of a wooden…