This was a suit to restrain the infringement of letters patent for an 'improvement in dress protectors,' granted to Helen M. Macdonald, the intestate of the defendant in error, dated September 29, 1874, upon an application filed May 10, 1873. The specification of the patent described the invention as follows:
'My invention relates to protectors for the lower edge of dresses and other garments, and consists of a band or strip of fluted or plaited fabric, either water-proof itself or covered or bound with any water-proof material. In the drawing Fig. 1 represents a view of a detached portion of the dress protector, and Fig. 2 represents the protector as applied to the bottom of a dress skirt. A is the plaited or fluted band, which is water-proof or bound with water-proof material, and a is a heading to which it may be secured for better attachment to the garment. Heretofore skirt protectors have been made of a plaited or fluted strip of 'wiggan' or other fabric stiffened with starch, which, upon becoming wet, gets limp, loses its shape, and absorbs the dirt, besides being objectionable on account of the harsh scraping noise it makes upon the pavement. By my improvement these objections are overcome. The water-proof protector preserves the lower edge of the dress from all moisture on the ground, retains its rigidity and proper shape, giving a graceful hang to the skirt, and can easily be cleaned.'
Both the figures referred to in the specification represented skirt protectors made with plaited or fluted bands. The claim was as follows: 'As a new article of manufacture, a skirt facing or protector, having a fluted or plaited border, bound with or composed of enameled cloth or water-proof material, substantially as and for the purpose set forth.'
On November 9, 1874, the patentee filed in the patent-office a disclaimer by which she struck out from her claim the words 'facing or,' leaving the claim to cover only a skirt protector. The answer of the defendants denied infringement, and denied that Macdonald was the first and original inventor of the improvement described in her patent. Upon final hearing the circuit court found the issues were for the plaintiff, and entered a decree in her favor against the defendants for profits and damages, and restrained the latter from selling to be used protectors embracing said patented improvement, or any substantial part thereof. From this decree the defendants appealed. After the appeal Macdonald died, and Carrigan, who had been appointed her administrator, was made appellee in her stead.