Winget Kickernick Co. v. Silo-Ette Underwear Corp.

L. HAND, Circuit Judge.

This case arises on an appeal by the defendant from a decree upon the usual bill in equity for the infringement of claims 1, 2, and 5 of patent No. 1,389,067, and of claims 1 and 4 of reissue patent No. 17,903. In Winget Kickernick Company v. Kenil-worth Mfg. Co., 11 F.(2d) 1, we held the same claims of the first patent valid and infringed, and for the purposes of this appeal we shall again assume that they are valid. The invention is for improvements in women’s drawers, and claim one — which will serve for all three — is as follows: “A woman’s undergarment comprising a…