United States Supreme Court Cases & Opinions

U.S. Supreme Court

Stelos Co. v. Hosiery Motor-Mend Corp., 295 U.S. 237 (1935)

Stelos Co. v. Hosiery Motor-Mend Corp.

No. 588

Argued April 4, 5, 1935

Decided April 29, 1935*

295 U.S. 237

Syllabus

1. As a ground for sustaining the judgment in his favor, a respondent in certiorari is entitled to reassert a defense made in, but not accepted by, the court below, and, for this purpose, he need not make a cross-application for the writ. P. 295 U. S. 239.

2. Claim 23 of reissue patent No. 16,360, to Stephens, claiming a method for repairing runs in knitted fabrics, such as stockings, by stretching the fabric over a "suitable holder" and by use of a repairing device or needle having a hook and a pivoted latch, held "laterally out of alignment with the run," is invalid for want of proper disclosure and for lack of invention. Pp. 295 U. S. 241, 295 U. S. 243.

72 F.2d 405 affirmed.

Page 295 U. S. 238

Certiorari, 294 U.S. 702, to review the affirmance of a decree of the District Court, 60 F.2d 1009, dismissing the bill in a suit of the Stelos Company for alleged infringement of its patent. Both sides sought and obtained the writ.