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STAUFFER v. SLENDERELLA SYSTEMS OF CALIFORNIA

No. 15418.

254 F.2d 127 (1957)

Bernard H. STAUFFER, Appellant, v. SLENDERELLA SYSTEMS OF CALIFORNIA, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

November 15, 1957.

Attorney(s) appearing for the Case

Lyon & Lyon, Charles G. Lyon, Los Angeles, Cal., for appellant.

Harris, Kiech, Foster & Harris, Ford Harris, Jr., Newlin, Tackabury & Johnston, Hudson B. Cox, Los Angeles, Cal., for appellee.

Before FEE, BARNES and HAMLEY, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

Stauffer brought a suit for infringement of Patent No. 2,240,679 against Slenderella Systems of California, Inc. The principal defenses were non-infringement and lack of validity of the basic patent by reason of the advances shown in the prior art. The patent in suit was granted on a "Muscle Relaxing Machine," which purportedly relates to "mechanical means to soothe, relax, and strengthen certain of the muscular areas of the human body...

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