New York Belting & Packing Co. v. New Jersey Car-Spring & Rubber Co.

• Decision Date: 13 April 1887
• Citation: 30 F. 785
• Parties: NEW YORK BELTING & PACKING CO. v. NEW JERSEY CAR-SPRING & RUBBER CO.
• Court: U.S. District Court — Southern District of New York

30 F. 785

NEW YORK BELTING & PACKING CO. v. NEW JERSEY CAR-SPRING & RUBBER CO.

United States Circuit Court, S.D. New York.

April 13, 1887

A. Van Briesen, for complainant.

W.H.L Lee, for defendant.

WALLACE J.

It is insisted by demurrer to the bill that the patent sued upon is invalid upon its face for want of novelty. In determining the question, the court can only consider such familiar facts as fall within the category of those things of which judicial notice will be taken. The patent is for a "design for a rubber mat." The patentee states in the description that, "in accordance with the design, the mat gives under the light, different effects, according to the relative position of the person looking at it. If the person changes his position continuously, the effects are kaleidoscopic in character. In some cases moire effects like those of moire or watered silk, but generally mosaic effects, are produced. Stereoscopic effects also, or the appearance of a solid body or geometric figure, may at times be given to the mat, and under proper conditions, an appearance of a depression may be presented. The design consists in parallel lines of corrugations, depressions, or ridges, arranged to produce the effects as above indicated. I may divide the mat by a number of imaginary lines, representing a projection of any geometrical figure, and in each of the sections so formed make parallel corrugations or alternate ridges and elevations, the different sets of corrugations making with each other the proper angle to give the effects sought for. To give the moire effects, I usually make the ridges and depressions undulating, while mainttaining the parallel position with relation to each other. I desire, therefore, to have it understood that I do not intend to limit the design to parallel corrugations, which are straight throughout any considerable portion of their length, but that it includes the undulating ridges and depressions, or other disposition or formation in wich the corrugations after their direction irregularly, or in which they may be straight for a certain distance, and then formed in undulations, and that it includes the corrugations arranged in concentric circles, in spirals, in zigzags, or according to any desired figure."

The claims are as follows:

"(1) A design for a rubber mat, consisting of corrugations, depressions, or ridges, in parallel lines, combined or arranged relatively,

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