MacClemmy v. Gilbert Corset Co.

Citations

• 221 F. 73
• 1915 U.S. Dist. LEXIS 1576

Syllabus

<p>1. Patents <3=112—Validity—Presumption from Action of Patent Office.</p> <p>The fact that the nearest references in the prior art cited as anticipations in a suit for infringement were considered by the Patent Office before the patent was granted raises a strong presumption that the claims of the patent in suit as allowed are valid.</p> <p>[Ed. Note.—For other cases, see Patents, Cent. Dig. §§ 162-165; Dec. Dig. <3=112.]</p> <p>2. Patents <3=328—Validity and Infringement—Body Brace.</p> <p>The MacClemmy patents, No. 948,233, for a body brace, and No. 948,234, for an improvement thereon, held not anticipated and valid, and claims 1, 2 and 5 of the former and 4 and 7 of the latter held infringed.</p> <p>^salfo-r other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes</p>