Western & Wells Mfg. Co. v. Rosenstock

• Decision Date: 22 February 1887
• Citation: Western & Wells Mfg. Co. v. Rosenstock, 30 F. 67 (S.D. N.Y. 1887)
• Parties: WESTERN & WELLS MANUF'G CO. v. ROSENSTOCK.
• Court: U.S. District Court — Southern District of New York

30 F. 67

WESTERN & WELLS MANUF'G CO. v. ROSENSTOCK.

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

February 22, 1887

Wayne MacVeagh and Richards & Brown, for complainant.

Livingston Gifford, for defendant.

WALLACE J.

The bustle which the defendant is manufacturing and selling is made, for all practical purposes, in imitation of the bustle of the complainant's patent, except it is of braided rattan instead of braided or plaited wire.But the complainant's patent is limited, by the express phraseology of its claims, to a bustle of wire, and it is impossible by construction to impart such a degree of elasticity to these claims as will enable them to embrace bustles made of any other material.The specification states that the 'invention consists of a bustle composed of braided or plaited wire, in the form of a tubular section or sections, duly provided with means for securing it to the person of the wearer, or to a garment. ' The specification also states that to carry our the invention the patentee takes 'wire of a suitable kind, (preferably tempered steel wire,) and braids or plaites it into a seamless tube. ' The specification then...