Page:Federal Reporter, 1st Series, Volume 2.djvu/579

 573 FEDERAL REPORTER. �furtlier, that she made skirt protectors of water-proof mate- rial and attached them to the skii-t, so as to extend below the lower edge as a protection to the lower part of the skirt and braid, and wore them in that year. There is nothiug to impeach the prima fade effect of the patent itself, and it must be treated as valid, and be construed in the light of this testimony of Miss MacDonald as to prior existing devices, which is not contradieted, for the purpose of aseertaining how much it will eover, and whetiier what the defendants have done will corne within its scopc. �The patent is for, among other things, a band of India rubber or other flexible material, placed upon and attached to the outer surface at the lower edge of what is called the binding to the inside of the skirts of ladies' dresses at the bottom, to protect the dress at the edge, and it is mentioned that the binding itself may be coated with India rubber, thinly, and rendered water-proof. It is said that the binding proper of a dress is wrought in with the facing, and becomes a part of the dress itself, ail of which is protected by a skirt protector proper; and that the invention is confined to bind- ings, and bas nothing to do with skirt protectors. But the whole description in the patent is to be looked at, as well as the name given to the subject of the invention, in order, according to the settled rule for the construction of ail writ- ings, to give effect to every part, and ascertain from the whole what is meant. The drawings are referred to as showing ing the different forms of his constructions enlarged. Some of the witnesses for the defence have treated that part as mean- ing that the whole binding is represented as enlarged, and therefrom have concluded that the binding would be very nar- row, and only apply to the extreme edge of the skirt ; but it is not so understood here. The new parts are represented enlarged, and what is called the binding improved upon is represented in varions widths, and being a mere sheet of material could be of any desired width, The form earrying the band of rubber could not be used as ordinary proper bind- ing is, for the band would be put out of place for the purpose it was for by such use. It could be used as an extra binding to ����