Appeal from the District Court of the United States for the Eastern District of Wisconsin.
Before EVANS, SPARKS, and FITZHENRY, Circuit Judges.
This was an action for infringement of claims 1 and 2*fn1 of the United States Patent No. 1,732,808, issued to Goldberg October 22, 1929, on an application filed July 17, 1926. The court decreed both claims invalid for lack of investigation, and dismissed the bill for want of equity. From that ruling this appeal is prosecuted.
The invention relates to an improvement in hairpins designed particularly for use with short or bobbed hair, wherein it is claimed an unusual frictional grip is secured upon the hair with the result of effectively holding the waves of the hair in place without flattening the curl or marcel. It comprises a resilient length of material of greater width than thickness, bent to provide an open loop and legs, one of which is substantially straight, while the other is crimped, as shown by Fig. 2 of the drawings: [.]
The crimps 5 are so arranged that their bases may or may not contact the face of the straight leg 3, but it is preferable that one of the crimps as at 6 shall contact leg 3 to provide a more effective springlike gripping engagement between the two legs. The free terminal of leg 3 extends in a substantially horizontal plane, and the terminal 7 is upturned at an angle from 3, in order to facilitate the insertion of the hairpin into the hair.
The prior art relied upon by appellee consists of the following patents:
166,613 James August 10, 1875
1,374,264 Weber April 12, 1921
1,528,454 Taggart March 3, 1925
1,581,557 Waltz April 20, 1926
1,590,780 Taggart June 29, 1926
1,624,428 Naito April ...