. I
X wmsr ·v. RAE. 45
V Wnsr v. RAE andothers.
(Ohouil Court, LC D. Illinois. November 21,1887.) A
1. Pnnnrs Fon INvmq·rroNs—l1<vnNrroN—Psrmn Wnarrmns.
D. A. Swaney, January 17, 1882, procured a patent for incasing blankets iu
casings of paper of strong texture, closely sealed or pasted, to protect the
blankets from soiling, dust, and rubbing in andling. Held, that as paper bags
have been always. closed with paste or [gumming, it required no inventive
genius to close_the mouth with paste, if esired, nor to form the bag to the
· shape of the article it is desired to inclose. ‘
2. SAME-—INFRINGEMENT¥INJUNCTION.
Plaintiff filed a hill to enjoin the infringement of his patent, and defendant
demurred to the bill. Held, that when the court can, without referring to the
pleadings and proofs, from itspcommon knowledge, from an examination of
the patent itself, see that it is void, a demurrer will be sustained.
a In Equity. Bill for injunction. . '
Bill by plaintiff against M. E. Rae and others, defendants, to enjoin
the infringement of aV patent granted to D. A. Swaney, for a method of
putting up blankets and similar articles. V , · l i
Banning dc Banning,. for complainant. » l .
J. H. Raymond, for defendants; V -
Bronenrrg J. The bill in this case charges infringement of letters
patent, granted January 17, 1882, to D. A. Swaney, €‘ for a method of
putting up blankets and other similar articles," and defendants demur to
the bill on the ground that the patent upon its face shows that it is void
for want of patentable novelty. The novelty and utility of the device
covered by the patent is stated by the patentee in his specifications as
follows: _ .
"Heretofore woolen blankets have been put up for packing, tranportation,
and sale by folding. and then rolling them up in a tight roll. which was then
covered by a sheet of paper secured by tightly·drawn twine. In this form it was
exposed at the ends to dust, and liable to become soiled by contact with other
objects, and, by handling, the nap was liable to be rubbed off, and free access
was given to moths. The latter has been a very common cause of loss to
manufacturers and dealers. Other objections have been the diilic ulty of packt
ing the blankets when put up in this form for transportation and sale, and
the rubbing of the nap and creasing caused by the many folds necessary to be
given the blanket, aud by the tightly-drawn string. I have discovered that
if blankets are put up ina tightly-closed strong paper bag they are perfectly
protected from the entrance of moths, and that such a bag can be made in such
· form as to reduce the folding and handling to a minimum, and be most perfectly
adapted for packing in cases for transportation, and at the same time be in a
most attractive and salable form for the shelves of the retail shop. The com-
plete inclosure of the blanket will protect it also from soiling, dust, and rub-
bing in handling. The same kind of bags are very useful in packing the
blankets and similar bedding of a household away during the warmer weather.
and will supply a want long felt in domestic life. "
And the claim of the patent is:
" The herein described method of putting up blankets and similar articles,
consisting of enveloping them in a casing of paper of strong texture closely
sealed or pasted, substantially as shown and described."