William Burnham Woods

“ The defendants insist that by reason of this fact they are essentially different from the improvement described in the Macdonald patent, and therefore do not infringe that patent. On the other hand, the plaintiff insists that the fluted or plaited border mentioned in the Macdonald patent is a matter of descriptive form merely, and not an essential part of the invention covered by the patent; and that the use of skirt protectors without a fluted or plaited border, but in other respects substantially like the protectors described in the Macdonald patent, is an infringement of that patent. ”

“ From this decree the defendants appealed. After the appeal Macdonald died, and Carrigan, who had been appointed her administrator, was made appellee in her stead.
The evidence shows that skirt protectors are made isolated, and are sold as distinct articles of manufacture, and not as a part of the dress to which they are to be attached. They are kept in shops for sale singly or by the dozen, and the purchasers use them by sewing them on the inside of the trains of long dresses near the lower edge. They can be easily detached when worn out and new ones substituted. ”

“ A is the plaited or fluted band, which is water-proof or bound with water-proof material, and a is a heading to which it may be secured for better attachment to the garment. Heretofore skirt protectors have been made of a plaited or fluted strip of 'wiggan' or other fabric stiffened with starch, which, upon becoming wet, gets limp, loses its shape, and absorbs the dirt, besides being objectionable on account of the harsh scraping noise it makes upon the pavement. ”

“ Upon this issue we think the defendants are right. It appears from the file-wrapper and contents in the matter of letters patent granted to Helen M. Macdonald that in the first application for her patent, dated May 6, 1873, the specification described her patent as follows: 'My invention consists of a strip of enameled muslin from two to four inches wide, which may be covered with any dress material, such as silk, cashmere, alpaca, armure, or tamise cloth ”

“ Upon final hearing the circuit court found the issues were for the plaintiff, and entered a decree in her favor against the defendants for profits and damages, and restrained the latter from selling to be used protectors embracing said patented improvement, or any substantial part thereof. ”