McGhee

Appellants brought this suit for the infringement of patent No. 1475306, issued November 27, 1923, to James W. McGhee. The patent relates to a drapery hook, which, as shown in the drawings and embodied in the commercial product, consists of a piece of spring wire a little over three inches long, blunt at one end and drawn to a point at the other, so shaped that the major portion thereof, beginning with the blunt end, forms an inverted “U” and the other end is bent outward with a sharper but slightly looped curve until the upper part thereof approximates contact for some, distance with the leg of the U. In use the device is engaged with the drapery by an upward thjust of the pointed arm into the top border, and the other end is hooked over the rod or bar or other means provided for hanging the drapery. The spring pressure between the pointed arm and the hook tends to hold the device to the impinged fabric.

Being the manufacturer of the hook defendant sells, the H. L. Judd Company of New York assumed the defense. Its device is substantially identical with that of the plaintiffs, and the real issue is of the validity of the patent. Holding that the patent discloses no invention the…