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Supreme Court of the United States
Argued January 18, 1889. ; March 5, 1889, Decided
[*683] [**428] [***803] MR. JUSTICE LAMAR delivered the opinion of the court.
This is a suit in equity, brought in the Circuit Court of the United States for the Southern District of New York, by John Bene and Adolph Grunberg against Emile Jeantet, praying an injunction, accounting, and damages for an alleged infringement of reissued letters patent No. 8637, granted to Bene, March 25, 1879, on an application filed March 4, 1879, for an improvement in the process of refining and bleaching hair.
Counsel for complainant stated in the record that no claim [*684] is made in this suit for the bleaching of hair except so far as the bleaching may result incidentally from the process of refining; and the only issue presented by the pleadings, therefore, relates to the question of infringement so far as the process of refining hair is concerned, there being no issue raised as to the validity of the patent in any respect.
The nature and object of the invention are set forth in the specification as follows:
"This invention relates to the treatment of all kinds of coarse hair, [****3] which, in its natural [***804] state, has little commercial value, and is entirely unfit for toilet uses and purposes. The said treatment serves, mainly, to refine the hair or reduce the diameter of the hairs and to render them more pliable and glossy; but it also serves to partially bleach the hair or lighten its color or tint and fit it to pass through any of the ordinary dyeing processes, whereby it may be given any shade or color desired or possible. In carrying out my invention, for the purpose of producing from the coarse, harsh hair above mentioned, a soft, pliable hair of fine texture, I treat the said coarse hair to a bath composed of such chemicals or chemical substances as will dissolve away a portion of the surface of each hair, and thus reduce its diameter. I find that a solution of a chlorine salt dissolved in an excess of muriatic acid serves my purpose as a bath for this refining treatment. I claim as my invention:
"(1) The [**429] method of refining all grades of coarse hair, which consists in subjecting it to the action of chemicals, whereby the surface of each hair is corroded or dissolved away and its diameter reduced, substantially as set forth.
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
129 U.S. 683 *; 9 S. Ct. 428 **; 32 L. Ed. 803 ***; 1889 U.S. LEXIS 1719 ****
BENE v. JEANTET.
Prior History: [****1] APPEAL FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK.
IN EQUITY, to restrain an alleged infringement of letters patent. Decree dismissing the bill without prejudice to the right of complainant to bring an action at law. Complainants appealed. The case is stated in the opinion.
hair, refining, bath, chemical, bleaching, composed, patent, chlorine, dissolved, invention, coarse, salt, muriatic acid, acid, experiments, subjecting, diameter, specification, infringement, consists
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