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HERRMANN v. NESSLER

32 F.2d 1005 (1929)

HERRMANN v. NESSLER, and eight other cases.

District Court, S. D. New York.

May 25, 1929.

Attorney(s) appearing for the Case

Richard Townsend, of New York City (Richard Townsend, of New York City, William B. Wharton, of Pittsburgh, Pa., and Francis P. Farrell, of New York City, of counsel), for plaintiffs.

Charles Neave, of New York City, for defendant Nessler.

Darby & Darby, of New York City, for defendant Diaz.

Hines, Rearick, Dorr, Travis & Marshall, of New York City, for defendant Art Aseptible Furniture Co.

Abraham I. Wolf, of New York City (Abraham I. Wolf, of New York City, of counsel), for defendant Bognar Corporation.

Warfield & Watson, of New York City, for defendant E. Frederics, Inc.

Warren S. Orton, of New York City, for defendant Keen Waving Co., Inc.

Howson & Howson, of New York City, for defendant Pausser.

Hulbert & Heermance, of New York City, for defendant Eugene, Limited.

Newell & Spencer, of New York City, for defendant Ingrassia.

Charles Neave, Edward W. Vaill, Willis Fowler, and Henry R. Ashton, all of New York City, of counsel, for all defendants except Bognar Corporation.

THACHER, District Judge.

Claim 1 of patent No. 949,272 reads as follows:

"1. A process of waving hair, consisting in first curling the hair, then sprinkling it with a chemical solution, then covering it with a fire proof material and finally heating it."

The breadth of this claim is such as to include within its scope any and every system or process of permanent waving known to the hairdressing art. Its validity...

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