TIDEWATER PATENT DEVELOPMENT CO. v. KITCHEN

No. 10463.

371 F.2d 1004 (1966)

TIDEWATER PATENT DEVELOPMENT COMPANY, Incorporated, Appellee, v. K. M. KITCHEN and Virginia M. Kitchen, partners trading as K. M. Kitchen Beauty Supply Company, Appellants.

United States Court of Appeals Fourth Circuit.

Decided November 29, 1966.

On Rehearing February 14, 1967.


Attorney(s) appearing for the Case

Samuel J. Stoll, New York City (Richard B. Spindle, III, Willcox, Cooke, Savage & Lawrence, and Willcox, Savage, Lawrence, Dickson & Spindle, Norfolk, Va., on brief), for appellants.

George B. Finnegan, Jr., New York City (William D. Denson, Albert H. Brodkin, New York City, and Penn, Stuart & Miller, Abingdon, Va., on brief), for appellee.

Before BOREMAN, BRYAN and BELL, Circuit Judges.


ALBERT V. BRYAN, Circuit Judge.

A patent for a permanent hair waving solution and method was upheld, and declared infringed, in the District Court at the suit of the owner, Tidewater Patent Development Company, Inc. against the partnership of K. M. Kitchen Beauty Supply Company. Defendants appeal and we reverse, finding the patent invalid.

In our judgment the patent in controversy (i. e. the six claims in dispute), known as No. 323, not only is void as duplicative...

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