Hall-Borchert Dress Form Co. v. Ellanam Adjustable Form Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, holding a patent to he valid and 'infringed. The patent is No. 908,910, granted January 5, 1909, to Charles A. Ufford for a dress form, which is a device for aiding women in making and fitting gowns, cloaks, waists, etc.
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Appeal from the District Court of the United States for the Eastern District of New York. This cause comes here upon appeal from a decree of the District Court, Eastern District of New York, holding a patent to he valid and 'infringed. The patent is No. 908,910, granted January 5, 1909, to Charles A. Ufford for a dress form, which is a device for aiding women in making and fitting gowns, cloaks, waists, etc. It is a mannikin, usually made of papier maché covered with cloth, and representing a woman’s body. It is composed of a number of parts the relative positions of which may be changed so…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above).
[1] A patentee obtains a monopoly only of what he discloses and claims. *342Reference to prior art is useful to clear up obscurities, but it is in the specification (with such light as the drawings ma!y throw upon it)’that we are to find what the alleged invention is. When its language is plain and positive, its disclosure specifically set forth in unmistakeable terms, it is not to be modified by later theories of experts so as to enlarge the claims beyond their legitimate scope. Especially true is this when the art is a crowded one, and certainly this art was…
2Cited by4 opinions
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