Nestle Patent Holding Co. v. E. Frederics, Inc.
District Court, S.D. New York
In Equity. Action by the Nestle Patent Holding Co., Incorporated, against E. Frederics, Incorporated. Decree directed for plaintiff in part. Final hearing in equity. Action on Aldworth patent, No. 1,186,-533, claims 1 to 7, on all the claims of Nessler process patent, No. 1,052,167, and on Nessler apparatus patent, No. 1,052,166, claims 3 to 6, all owned by plaintiff.
1Opinion of the Court
HOUGH, Circuit Judge.
All these patents relate to what has been oftenest called herein the art of “permanent hair waving.” It is as well to state in limine, as a finding of fact, that in the literal sense of the words, there is no such thing.
Human hair is a substance having, so far as known, attributes or elements closely akin to horn, or finger nails. Heat, moisture, and *628pressure will change its shape; but it will not only grow anew in its natural shape, but heat, moisture, and pressure, which suddenly applied together changed shape quickly, will (when encountered successively or in less…
2Cases cited1 opinion
- Grinnell Washing MacHine Co. v. E. E. Johnson Co.Supreme Court of the United States · 1918
3Cited by2 opinions
- E. Fredericks, Inc. v. EugeneCourt of Appeals for the Second Circuit · 1924
- E. Frederics, Inc. v. Eugene, Ltd.District Court, S.D. New York · 1924