Way v. McClarin

BUFFINGTON, District Judge.

In the court below John Howard Way, the appellant, filed a bill against George D. McOlarin, charging infringement of the first and third claims of letters patent No. 59:1,954, granted to said Way on November 16, 1897, for a chest and neck protector. The court below was of opinion the patented device lacked patentability, and entered a decree dismissing the bill. 91 Fed. 663. The entry of such decree is here assigned for error.

Of such alleged error the appellant has not convinced us. Conceding the protector of the appellant was in itself novel, and also proved…