Page:Federal Reporter, 1st Series, Volume 2.djvu/243

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

236 FEDERAL REPORTER. �ruled, and, under rule 34, with costs. Under the same rule the defendant will be allowed to answer the bill, on payment of Buch costs, within twenty days. ���Strauss and others v. King and others. �{Circuit Court, 8. D. New York. April 29, 1880.) �Patent — Impbovbmbnt in Clothin» — Metal Rtybts at Edgb oï Pocket OpENiKa. — The use of metal rivets, or ej-elets, in fastening the end of seams in clothing, at pocket openings, so aa to receive the strain from pressure within, keep the same from coming upon the threads of the seam and prevent ripping, is a patentable invention. �M. A. Wheaton and George Gifford, for plaintifs. �Gilbert W. Plympton, for defendant. �Blatchford, C. J. This suit is brought on re-issued letters patent granted March 16, 1875, to Jacob W, Davis and Levi Strauss & Co. for an "improvement in pantaloons," etc., the original patent having been granted to them May 20, 1873, on the invention of said Davis. The specification of the re-issue says that Davis has invented an "improvement in fastening seams." It proceeds: "My invention relates to a fastening for pocket openings, whareby the several seams are prevented from ripping or starting from frequent pressure or strain thereon; and it consists in the employment of a metal rivet or eyelet at each edge of the pocket opening, to prevent the ripping of the seam at those points. The rivet or eyelet is so fastened in the seam as to bind the two parts of cloth which the seam unites together so that it shall prevent the strain or" pressure from coming upon the thread with which the seam is sewed. In order to more fuUy illustrate and explain my invention, reference is had to the accompanying drawing, in which my invention is represented as applied to the poekets of a pair of pants. Figure 1 is a view of my invention as applied to pants. A represents the side seam in a pair of pants, and bb represents the rivets at each edge of the pocket opening. The seams are usually ripped or ����