Magarian
Magarian v. Detroit Products Co.
Opinion
Lead Opinion
Healy, J.
Involved here are patents No. 2,153,634 for a signal arm, and No. D-109,148, covering the design of the same contrivance. These patents were applied for in November, 1937, the design patent being issued April 5, 1938, and the utility patent a year later. On the trial below for infringement the court held both patents invalid for want of invention. The patentee appeals.
1. The utility patent is for an improved mechanical arm of the familiar type used on motor trucks and buses, the purpose of which is to give warning of changes in the direction or speed of the vehicle. Colored reflectors are mounted on the signal arm in such way as to form a line extending in the same direction as the arm.
Three claims are involved. Claim 1 embraces (a) two identical elongated plates having registering marginal flanges and spaced body portions with registering openings; (b) lenses having flanges bearing upon the inner margins of the openings and having body portions projecting through the openings; (c) a separator (commonly made of cork or paper) between the lenses, and means for securing the flanges of the plates together whereby the body portions of the plates are made to clamp the lenses upon…