REINER v. I. LEON CO.

No. 77, Docket 25662.

285 F.2d 501 (1960)

Kenneth REINER and Frank A. Klaus, Jr., d/b/a Kaynar Company and Kaynar Mfg. Co., Inc., Appellants, v. I. LEON CO., Inc., Appellee.

United States Court of Appeals Second Circuit.

Decided December 21, 1960.


Attorney(s) appearing for the Case

Walter P. Huntley, Los Angeles, Cal., William R. Liberman, New York City, Fulwider, Mattingly & Huntley, Los Angeles, Cal., of counsel, for appellants.

Henry L. Burkitt, New York City, for appellee.

Before HAND, SWAN and MEDINA, Circuit Judges.


HAND, Circuit Judge.

This is an appeal from a judgment of Judge Byers, holding invalid for lack of invention claims 1, 2, 3, 4, 7, 10 and 11 of Reissue Patent No. 23,163. We are told that only claims 2 and 3 are in suit. The invention is for "clamps," used to maintain "formed curls" in a woman's hair, and the first question is whether the disclosure was an "invention." The "clamp" consists of two superimposed members, or "jaws," which open and close at one end under...

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