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Reporter's Statement of the Case

attachment has the advantage that the lining adjusts itself to the wearer's head when the strap is pulled around the wearer's chin. The buckles b are preferably made slightly larger than is the case in the arrangement shown in Fig. 3 so as to give adequate play to the chin strap.

The steel shell is preferably colored in rainbow colors so as to make it invisible to the enemy when the helmet is used for military purposes, and to prevent injury by the sharp edge of the rim of the helmet, the edge is preferably rounded off as shown in Fig. 4.

It is evident that various alterations and modifications of the construction of the helmet are possible without departing from the spirit of the invention, and I do not therefore desire to limit myself to the exact form of construction shown and described.

What I claim as my invention and desire to secure by Letters Patent is

1. A helmet or head shield consisting of a metal shell and a loose buffer lining, secured at one point only of its crown to the crown of said shell by detachable means.

2. A helmet or head shield consisting of a metal shell and a loose buffer lining which contains absorbent material and is secured at one point only of its crown to the crown of said shell by detachable means. 3. A helmet or head shield consisting of a metal shell and a loose buffer lining, spaced away from said shell at the lower edge, said buffer lining being secured at one point only of its crown to the crown of said shell by detachable means.

4. A helmet or head shield consisting of a metal shell and a loose buffer lining spaced away from said shell at the lower edge, said buffer lining containing absorbent material and being secured at one point only of its crown to the crown of said shell by detachable

means.

5. A helmet or head shield consisting of a metal shell and a loose buffer lining provided with resilient pads at intervals between the lower edge of said lining and said shell, said lining being secured at one point only of its crown to the crown of said shell by detachable

means.

6. A helmet or head shield consisting of a metal shell and a loose buffer lining containing absorbent material and provided with resilient pads at intervals between the lower edge of said lining and said shell, said lining being secured at one point only of its crown to the crown of said shell by detachable means.

7. A helmet or head shield consisting of a metal shell and a loose buffer lining provided with rubber pads held in loops of said lining at intervals between the lower edge of said lining and said shell, said lining being secured at one point only of its crown to the crown of said shell by detachable means.

8. A helmet or head shield consisting of a metal shell and a loose buffer lining provided with rubber pads held in loops of said lining

Reporter's Statement of the Case

at intervals between the lower edge of said lining and said shell, said lining containing absorbent material and being secured at one point only of its crown to the crown of said shell by detachable

means.

9. A helmet or head shield consisting of a metal shell and a loose buffer lining composed of an outer layer of felt, an inner layer of canvas, and an intermediate layer of absorbent material and secured at one point only of its crown to the crown of said shell by detachable

means.

10. A helmet or head shield consisting of a metal shell and a loose buffer lining provided with resilient pads at intervals between the lower edge of said lining and said shell, said lining being composed of an outer layer of felt, an inner layer of canvas, and an intermediate layer of absorbent material and being secured at one point only of its crown to the crown of said shell by detachable means.

11. A helmet or head shield consisting of a metal shell and a loose buffer lining composed of an outer layer of felt, an inner layer of canvas, an intermediate layer of absorbent material, and a head cover of fabric, which is turned up around the lower edge of said felt and is provided with rubber pads held in loops in said head cover at intervals between the lower edge of said lining and said shell, said lining being secured at one point only of its crown to the crown of said shell by detachable means.

12. A helmet or head shield consisting of a metal shell, strap buckles on said shell, and a loose buffer lining spaced away from said shell at the lower edge, a chin strap passed through said buckles and over said lining, which is secured at one point only of its crown to the crown of said shell by detachable means.

13. A helmet or head shield consisting of a metal shell, strap buckles on said shell, a loose lining, resilient pads at intervals between the lower edge of said lining and said shell, a chin strap passed through said buckles and through interstices between adjacent parts of said pads and over said lining, which is secured at one point only of its crown to the crown of said shell by detachable

means.

14. A helmet or head shield consisting of a metal shell, strap buckles on said shell, a loose lining, rubber pads held in loops on said lining at intervals between the lower edge of said lining and said shell, a chin strap passed through said buckles and through interstices between adjacent pairs of said pads and over said lining, which is secured at one point only of its crown to the crown of said shell by detachable means.

In testimony whereof I affix my signature in presence of two witJOHN LEOPOLD BRODIEL

nesses.

Witnesses:

CONRAD JOHN STARDEY,
FREDERICK JOHN TAYLOR.

Reporter's Statement of the Case

IV. Plaintiff in this action limits his right to recover to the alleged use by the United States of his said patent as defined in claims 1, 3, 5, 7, 12, 13, and 14.

V. Some time after the beginning of the World War but while the United States was yet neutral it came to the knowledge of officers of the U. S. Army that steel protective helmets were being used by combatants on both sides and investigations into the subject began particularly on the part of the assistant to the Chief of Ordnance in charge of the equipment division and his subordinates.

After some time a French helmet such as was being used by the French Army was procured and this was sent in May of 1916, to the Rock Island Arsenal with instructions to the commanding officer to develop a type of helmet suitable for use by the United States Army. Experiments were there carried on for some time but in the mean time a British and a German helmet were received. After conference between British experts and members of the General Staff of the U. S. Army, it was concluded that the British helmet was best adapted to the uses of the U. S. Army and the Rock Island Arsenal was directed to prepare specifications, with suggested modifications, on which contracts for the manufacture of helmets could be let, which was done. Such contracts were thereafter let and helmets were manufactured for and used by the United States.

It is stipulated and is accordingly found that the helmet marked "Petitioner's Exhibit A" is a sample of a helmet such as was made for and used by the defendant subsequent to the 1st of January, 1918, and prior to the filing of the petition herein.

This type of helmet was made and used during 1918 but it was the subject of many complaints and investigations and experiments were being conducted all the time looking to the development of a more satisfactory model. Finally a new type known as the Liberty Bell helmet was developed by Major McNary of the equipment division, A. E. F., then on duty at Tours, France, which, in November, 1918, was approved by the General Staff. On August 2, 1919, an order of the General Staff directed the disposition of all

Reporter's Statement of the Case

helmets like "Exhibit A" except a number to be held pending production of the new type.

VI. All of the contracts made by the United States for the manufacture of helmet linings or for the assembling of helmets like said "Petitioner's Exhibit A" contained a clause requiring the contractor to save the United States and all persons acting under them harmless on account of the use of any patented invention.

VII. No officer of the United States having to do with the preparation and adoption of the design and specifications for the manufacture of helmets like "Petitioner's Exhibit A" had any knowledge, until the dates hereinafter stated, of plaintiff's patent No. 1,251,959, nor that any invention claimed in said patent was embodied in said helmet nor that plaintiff claimed that said helmet infringed his said patent nor did any of said officers intend to appropriate for the United States said patent or any rights of plaintiff thereunder.

Under date of January 25, 1919, the plaintiff addressed to the "Secretary State of War " a letter which was received in the War Department, as follows:

SAVOY HOTEL, London, January 25th, 1919.

To the SECRETARY STATE OF War,

Washington, D. C., U. S. A.

Re Brodie patent pattern steel helmet.

DEAR SIR: With reference to my patent steel helmet supplied to the entire British Army in the field and to the American Expeditionary Force in France through the British War Office, I beg to inform you that as soon as I am able to leave England for Washington I shall give myself the pleasure of calling upon you to present my claim for the use of my patent helmet by the American Govern

ment.

I wish to point out to you that my patent helmet is the only patent pattern approved of and used by the British War Office, and every helmet used by the British War Office for the entire British Army in the field, and supplied to the American Expeditionary Force in France and the American Government through the British War Office, has my name stamped on the American cloth in the inside.

Am enclosing a letter dated the 21st January, 1919, from the Ministry of Munitions of War, London, which will ex

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