Way v. Hygienic Fleeced Underwear Co.

DALLAS, Circuit Judge.

This is an appeal from a decree dismissing the bill in a suit which was brought upon the second claim of patent No. 593,954, issued to John Howard Way, for a chest and neck protector. Way v. Hygienic Fleeced Underwear Company (C. C.) 150 Fed. 374., - The first and third claims ,of this, patent were held to be invalid in the case of Way v. McClarin (C. C.) 91 Fed. 663, and (on appeal) 96 Fed. 416, 37 C. C. A. 516. It is true-that in that case the claim now in question was not involved; but we think that the opinions which were delivered, for this court, and by the Circuit…