Thomas v. Williams
| Decision Date | 04 May 1888 |
| Citation | 35 F. 71 |
| Court | U.S. District Court — District of Connecticut |
| Parties | THOMAS et al. v. WILLIAMS. |
Sherman H. Hubbard, for plaintiffs.
John P Bartlett, for defendant.
This is a motion for an injunction, pendente lite, to restrain the defendant from the alleged infringement of letters patent No 164,340, dated June 8, 1875, to Amos W. Thomas, for an improvement in bustles or tournures. The patentee says, in his specification, that his invention has particular reference-- 'First, to forming the lower bow with a circle at the point where it bends upwardly to the waistband and, secondly, to the combination, with this spring bow, of the upper bows, which are attached to it by tape or equivalent means, in such manner that they will be caused to expand when it springs outwardly. ' The base bow is bent to form coiled springs at the two corners, whence it proceeds in upright extensions, which rest against the person of the wearer, to their points of attachment at the waistbands. The base bow, with its upright side extensions, thus forms a frame work which supports the other bows, and, by means of the coiled springs at its corners, gives elasticity to the whole device. The bustle has 'a series of contour bows,' the ends of which are attached to a strip which extends along the upright extensions, and the points of the attachment are in row parallel to said extensions. A tape or cord proceeds from the waistband to the base bow, being secured intermediately to each one of the contour bows which, by means of this connection, are drawn out when the base bow expands. The first claim and the only one which is said to be infringed, is as follows:
'(1) In a bustle, a base bow, F, formed or combined with upright extensions or ribs, F, which rest against the person of the wearer, and provided with spiral curves, f, f, arranged so as to permit said bow to fold upwardly towards the waistband, and cause it to spring downwardly when impact is released, substantially as shown and set forth.'
The defendant's bustle consists of a series of bows. The ends of the lower and upper bows are fastened to the arms of a pair of coiled springs, and by means of this connection the bustle is expanded. All the bows are loosely jointed to the coils of these springs and radiate from a common center. The series of bows is secured by the top bow to a waistband, and is connected together at the centers of the bows by a tape...
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