IN THE MATTER OF DEGE'S PATENT

REPORTS OF PATENT, DESIGN, 448 -[Nov•.27, 1895. In the Matter of Simmons's Patent. written by the employer of this gentleman, Mr. Carl Von Buck, which says that they want the patent revoked, and do not want to oppose. The Petitioners' have the fiat of the Attorney-General, they have filed Particulars of Objections, and incurred as few costs as possible. CHITTY, J.-Very well. Then you take the Order as in the last case. a IN THE HIGH COURT OF JUSTICE.-CHANCERY DIVISION. Before MR. JUSTIOE ROMER.--June 22nd, and October 26th and 28th, 1895~ IN THE MATTER OF DEGE'S PATENT. Patent-s-Petition for reuocation.s-Practice-s-Fiat of Attorney-General.Su bject-maiter.s-Patent revoked.-Oosts of Particulars.s-Patents, ~c. Act, 10 1888, s. 26. , . This uia« a petition for revocation of a patent for" Improvements in knicker" booker and riding breeches" on the ground that the Patentee was not the true and first inventor; that the alleged invention was not novel or good subjectmatter; that the Specification was insufficient; and .that the alleged invention la was anticipated. The petition was originally presented under the Patents, &c. Act, 1888, s. 26 (4) (e) without the fiat of the Attorney-General, but, on coming on for hearing, was stood over to obtain the fiat, costs being 'reserved. On the second hearing, the Respondent, to support his patent, the chief merit of which was alleged to be the doi11g away with the seam on the inner side 20 between the knee and saddle, called ioitneeees, to whom a certain prior Specification and certain alleged prior ueers were put in oross-eeamination, after an intimation from the Judge, the Respondent abandoned his case, and the patent was revoked on, the ground of want of subject-matter. The costs of the petition 'were given to the Petitioners, and also the costs of the Particulars of Objections, 25 except the objection that the Patentee was not the true and first inventor, and the objection of insufficiency. On the 17th of January 1894, a patent (No. 1051 of 1894) was granted to Jacob Dege and Friedrich Dege, trading as J. Dege and Son, for an invention of "Improvements in knickerbocker and riding breeches." 30 The Complete Specification stated as follows :"Great discomfort even if not pain is veryfrequentlyperhaps almost invari" ably occasioned to the wearer of knickerbocker breeches by reason of certain " seams thereof one and the chief of which is the longitudinal seam inside the " leg where it crosses the knee while the otheris the transverse seam round the 35 " leg by which the knee band is connected and attached in its necessary position " and this great evil is perhaps even still more pronounced .in and is perhaps In the Matter of Dege's Patent. " even still more particularly experienced by the wearers of riding breeches " when these seams are between the leg and especially the knee and the saddle. " Now the object of this our invention is to entirely obviate and completely " remedy this great evil in a very simple but extremely efficient and effective 5 ". manner. " In order the more clearly to explain this our invention and in what manner " the same is to be performed we refer to the accompanying drawing where we " have shewn our invention as applied both to knickerbocker breeches and to ",riding breeches. 10 " Figure 1 is .the underside or back piece of cloth or other material and "- Figure 2 is the topside or front piece of cloth or other material that together ". make up and constitute the one leg of our knickerbocker breeches. Figure 4 " is the underside or back piece of cloth or other material and Figure 5 is the " topside or front piece of cloth or other material that together make up and' 15 "constitute the one leg of our riding breeches. " In both the knickerbocker breeches and the riding breeches the longi" tudinal seam inside the leg commences at the customary and usual position A " in the fork and is continued downwards a certain distance in the customary " and usual direction and manner but at theposition B about half way between 20 "the fork and the .knee this seam is diverted from its usual and ordinary " course shewn by the dotted line a in Figure 1 and by the dotted line b in " Figure 4 and instead of proceeding along such usual and ordinary' course " trends towards the front of the leg and thus is continued downwards to the " bottom of the breeches at D. This seam is so and in this manner directed 25· " and diverted and created by forming and cutting the two pieces of cloth or " other material of and by which each leg of the breeches is made accordingly " and complementarily that is to say the underside or back piece is enlarged in " and of a rounded shape where the same is diverted at B to form the strapping " as is shewn at E in Figure 1 and at F in Figure 4 while the topside or front 30 "piece is complementarily cut away in the corresponding place under this " strapping as is shewn at H in Figure 2 and at K in Figure 5. This seam " likewise is so diverted so far and to such an extent as is shewn in these " Figures that it cannot affect and hurt the knee bones and in the case of the " riding breeches cannot be between the knee and the saddle while in ,all . 35 "cases the ordinary and desirable appearance of the customary strapping is' ". produced. . " To create the required knee band without having as is usual a transverse ". seam right round the leg both the pieces of cloth or other material of and by " which each leg of the breeches is made may if necessary be prolonged down40 "wards as is shewn at L in Figures 4 and 5 in respect of the riding breeches "but in respect of the knickerbocker breeches it will most generally be ". advisable only soto prolong the underside or back piece as is shewn at M in ' " Figure 1 for the. same purpose and thus the usual and ordinary transverse " seam shewn by the dotted line. d in Figure 1 is dispensed with and on the 45 "edge of this prolongation M may be formeda flap N which may as is. shewn " in Figure 1 be connected and attached to such prolongation M or may be made ". in one piece therewith whereby the seam P would also be dispensed with. " To enable and cause the knickerbocker breeches to sit and fit properly " round and about the knee it is most convenient even if it be not absolutely 50 "indispensable to cut away a certain part shewn at R in Figure 1 of the ". underside or back piece of cloth or other material of and by which in " combination with the topside or front piece each leg of the breeches is made "and to insert in this place a back half knee band shewn in Figure 3 and " the edge e in Figure 1 is fulled on to the edge f in Figure 3 while the 55 "edge h in Figure 1 is put on plain to the edge k in Figure 3 and this back " half knee band will obviously be on the outer side of the' leg and therefore u. the seams thereof will not occasion any discomfort or even inconvenience to ··''".the· wearer, . The lateralfree edge of this back half knee shewn in Figure 3 (...truncated)