SALES AFFILIATES v. NATIONAL MINERAL CO.

No. 9695.

172 F.2d 608 (1949)

SALES AFFILIATES, Inc. v. NATIONAL MINERAL CO. et al.

United States Court of Appeals Seventh Circuit.

Rehearing Denied March 14, 1949.


Attorney(s) appearing for the Case

Maurice S. Cayne and Casper W. Ooms, both of Chicago, Ill., for appellant.

Geo. B. Finnegan, Jr., Hobert N. Durham, and James J. Dwyer, all of New York City, and James P. Hume, and Gerrit P. Groen, both of Chicago, Ill., for appellee.

Before KERNER and MINTON, Circuit Judges, and LINDLEY, District Judge.


LINDLEY, District Judge.

Defendant appeals from a judgment holding valid and infringed Winkel patent 2,051,063, August 18, 1936, and Evans and McDonough reissue patent 22,660, August 7, 1945. It contends that neither patent is valid and that if either is valid, defendant has not infringed.

Each patent has to do with the art of hair curling, especially that involved in creating "permanent" waves. Needless to say, by the very nature of things, this art is of...

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