Chase v. Catlin

• Decision Date: 06 December 1894
• Parties: CHASE v. CATLIN et al.
• Court: U.S. District Court — Southern District of New York

64 F. 769

CHASE v. CATLIN et al.

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

December 6, 1894

Final Hearing in Equity. This was a suit by Richard F. M. Chase against Julius Catlin and others for infringement of a patent.

1. PATENTS-- ANTICIPATION-- UNDERSHIRTS.

A knitted vest, designed to produce a close fit, and to be worn next the skin, is anticipated by a knitted vest, similar in form and function, though designed to be worn over a corset.

2. PATENTS--

Appleton's patent, No. 240,569, for an improvement in undershirts, the middle part of which is knitted in plain stitch, and the upper or lower part, or both, in tuck stitch, to produce a better fit, held to have been anticipated by the 'spencer,' which is similar in form and function, though designed to be worn over the corset.

This action is based upon letters patent No. 240,569, granted April 26, 1881, to Robert M. Appleton for an improvement in undershirts. The specification says:

'The object of my invention is to furnish an improved undershirt or vest which will retain its original woven shape after washing and fit the form of the body in an easy and comfortable manner. The invention consists of an undershirt in which plain knitting and tuck-knitting are combined in such a manner that especially the upper and lower parts are tuck-knitted, so as to become wider or more expanded, while the middle part is made of plain knitting so as to fit closer than the other parts. * * * For gentlemen's undershirts it is preferable to make the waist and lower part of the body in plain stitch and the upper part only in tuck stitch or knitting, while for ladies' use a plain middle or waist part and tuck-stitched or knitted upper and lower parts are preferable, as the same fit thereby better over the breast and hips and closely at the middle part or waist. * * * The tuck-knitting can be produced in any desired pattern, closer together or at some distance apart, as taste and fancy may direct. The goods are manufactured on the well-known circular-knitting machines or shirt-looms with a continuous thread or yarn, and may be woven either circular and seamless or sewed at the sides, as desired.'

The claims involved are as follows:

'(1) In an undershirt or vest, the combination of the middle part, made in plain stitch or knitting, and the upper part, made in tuck stitch or knitting, substantially as described.

'(2) In an undershirt or vest, the combination of the middle part made in plain stitch or knitting, and the lower part, made in tuck stitch or knitting, substantially as described.

'(3) In an undershirt or vest, the combination of the middle part, made in plain stitch or knitting, and the upper and the lower parts made in tuck stitch or knitting, substantially as described.'

The defenses are lack of novelty and invention and noninfringement.

W. P. Preble, Jr., and John R. Bennett, for complainant.

Knevals & Perry, Dudley Phelps, and Joseph C. Fraley, for defendants.

COXE District Judge.

The claims are...