Miller v. Swarttz

WOOLLEY, Circuit Judge.

The plaintiff appeals from a decree dismissing his' infringement bill based on the single claim of a patent to Elston, No. 1,690,-776, for woven material. The District Court held the claim invalid for want of invention. As the structure and general appearance of the defendants’ material were those of the patented product except as to certain strand embellishments, the patent, if valid, is clearly infringed. ' The sole question, therefore, is invention.

The defendants, doubtless speaking for the industry at large, maintain, and the trial court held, that the woven…