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JOHNSON CO. v. PHILAD CO.

No. 8613.

96 F.2d 442 (1938)

JOHNSON CO., Inc., v. PHILAD CO. et al.

Circuit Court of Appeals, Ninth Circuit.

May 4, 1938.

Attorney(s) appearing for the Case

Charles C. Montgomery, of Los Angeles, Cal., for appellant.

Lyon & Lyon and R. E. Caughey, all of Los Angeles, Cal., Morris Kirschstein, of New York City, and T. Paul Titus, of Cleveland, Ohio (Morris Kirschstein, of New York City, on the brief), for appellees.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.

WILBUR, Circuit Judge.

This is an appeal from an interlocutory decree holding claims 2, 3, 4, 5, and 6 of reissue patent No. 18,841 granted Josef Mayer May 30, 1933, for a hair waving method, valid and infringed. This is the second reissue. The original patent, No. 1,622,957, was granted March 29, 1927. The patent was first reissued August 6, 1929, No. 17,393. Claim 2 was allowed in the original patent, No. 1,622,957. Claims 3, 4, and 5 of

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