Battey
Battey v. Paris Beauty Parlors Supply Co. of San Francisco, Ltd.
Opinion
Lead Opinion
Sames, J.
The patentee, Sumter B. Battey, and his assignee, Duart Manufacturing Company, Limited, instituted this suit against the defendant for infringement of patent No. 1,681,511 for a hair waving or curling device applied for November 4,1926, issued August 21, 1928. The claims of the patent alleged to be infringed by defendant’s apparatus are as follows:
A simple form of the Battey device having only a single rotatable form is shown in Figure 11 of the patent. Other figures show means for operating a plurality and variety of forming instruments or curlers by which, it is claimed, a number of waves or other desired configurations of the hair may be produced. Figure 1 shows an arrangement in a frame for simultaneous operation of several forming instruments by manipulation of a single actuating element such as a gear train.
The structure shown in Figure 11 comprises a C frame which may be made of sheet metal or other rigid material such as hard rubber or bakelite. One arm of the supporting frame is bent to form a spring clip for the insertion and removal of the rotatable form or curler. The opposite arm of the frame carries at its end a tapered or conical bearing in which the tapered end…