Silverman
L. McBrine Co. v. Silverman
Opinion
Lead Opinion
Mathews, J.
These are consolidated appeals from judgments dismissing actions for infringement of claims 4, 8, 10, 11, 12, 19, 23, 24, 26 and 27 of patent No. 1,878,989. 1 Both actions were brought by appellant, the L. McBrine Company, Limited. One was against" Sol Silverman and Sam Silverman, the other against Herman Koch, Harold M. Koch, William L. Koch and Rebecca Koch. Defenses in each action were that the claims were invalid and that, if valid, they were not infringed. The court below held the claims invalid and dismissed the actions on that ground.
The patent was applied for by Emanuel J. Shoemaker on December 24, 1928, and was issued to appellant (Shoemaker’s assignee) on September 20, 1932. The specification states: “This invention relates to hand luggage and more particularly to a means for packing garments so that they may be supported in upright position relative to the common manner in which lug-age of this nature is carried.” Luggage (a suitcase) embodying the claimed invention is described in the specification and illustrated in the accompanying drawings. It comprises:
1. A body portion having four side walls.
2. A cover portion having four side walls, one of which is hingedly…