Way v. Hygienic Fleeced Underwear Co.

J. B. McPHERSON, District Judge.

Notwithstanding the able and earnest argument on behalf of the defendants, I am not prepared to say that the validity of the second claim of the Way patent should be determined upon this demurrer, but in so declaring I am not to be understood as intimating any opinion concerning the goodness of that claim. It is admitted to be narrow, and there may be difficulty in saving it after the disclaimer of claims 1 and 3, which was made necessary by the decision of Judge Dallas in Way v. McClarin (C. C.) 91 Fed. 663, affirmed by the circuit court of appeals in 96 Fed.…