Kenneth Reiner and Frank A. Klaus, Jr., D/B/A Kaynar Company and Kaynar Mfg. Co., Inc. v. I. Leon Co., Inc.

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 spring pressure, between which, when open, the curl is inserted, and which hold it fast when they are closed. It is difficult to…