Jones

Schick Service, Inc., defendant, appeals from an interlocutory judgment of the district court holding valid and infringed certain claims 1 under a United States Letters Patent No. 2,228,768 granted Janua-ry 14, 1941, to Ralph E. Jones, plaintiff, for- hair clipping and shaving device improvements, and from an injunction and an order of accounting. Jones brings a cross-appeal from that portion of the judgment holding certain of the claims to be invalid, 2 and from the dismissal of the second cause of *971 action based on an oral contract of license. We will refer to defendant and plaintiff as Schick and Jones respectively.

The patent involved certain alleged improvement's in the Schick type electric shaver by adding “end-guards” or “flaps” hinged to a handle of the dry shaver at the ends of the cutting head thereof; and, secondly, by rounding the outer ends of the end-guards. The first objection to the original Schick razor, stated in the patent, is as follows : “Devices of this kind as placed upon the market are open to the objection that there are two relatively sharp corners on each side of the shaving head and two relatively sharp corners at the extremities of the shaving…