Page:Federal Reporter, 1st Series, Volume 2.djvu/581

 574 FEDBKAIi BBPOBTBE. �made, and is more than such configuration as these creases make, which has no effect except upon the appearance of the material before or when not in use. The defendants infringe by the use of these bands, as well as by the use of the plain ones. �Let a decree be entered establishing the validity of the patent, and the infringement of the defendants, and for an injunction, and an account aecordingly, with costs. ���PeEFBOTION WiNDOW ClBANBB Co. V. BOSLEY. �(Gireuit Court, N. D. Minois., 1880.) �Patent — Dbvice Patentable. — A deviue which. is raerely the resuit of mechanical akill is not patentable. �Bamb — Samb — RuBBEB WiNDOW Clbaners. — A device for cleaning Win- dows, consisting of a handle or holder, with an elastic or rubber strip attached to one edge, with a tubular rubber bearing or support therefor, embodies nothing but mechanical skiU and is not patentable. �Munday e Evarts, for complainant. �Mr. Paine and Mr. Bonney, for defendant. �Dyer, D. J. This is a bill to restrain the infringement, by the defendant, of letters patent granted to William C. Gayton, dated April 9, 1878, and re-issued September 3, 1878, for an improvement in window cleaners. The important question in the case relates to the patentability of the aUeged invention. It is alleged that the defendant infringes ail of the first four daims as they are stated in the re-issued patent. Those claims are described as follows : First, an improved window cleaner, consisting of a handle or holder, an elastic rubbing strip attached by one edge to said holder, and a bearing or support for said strip near its outer edge, said parts being combined substantially as described; second, the holder hav- ing its back extended and lying underneath the projecting strip, jointly with the bearing or support located thereonand' the rubbing strip, substantially as described; third, the com- bination with the holder of the elastic rubbing strip and a ����