KLEINMAN v. KOBLER

No. 155, Docket 23780.

230 F.2d 913 (1956)

Jacob L. KLEINMAN, Plaintiff-Appellee, v. Paul KOBLER, doing business as Kobler Shaver Co., Defendant-Appellant.

United States Court of Appeals Second Circuit.

Decided February 20, 1956.


Attorney(s) appearing for the Case

Paul Kobler, pro se.

Joseph Hirschmann, New York City, for appellee.

Before CLARK, Chief Judge, and FRANK and LUMBARD, Circuit Judges.


FRANK, Circuit Judge.

We think the plaintiff's patent patently invalid. The creation of a bulge in the skin unavoidably results from using more than one shaving-head. Even if we make the dubious assumption that the use of two or more heads (as better than one) constitutes invention, the fact is that the prior art discloses electric razors which employed, or were capable of employing, multiple heads. Since a bulge was inevitable, it is immaterial that no prior art...

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