SAMES, District Judge.
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:
"1. A hair waving or curling device comprising a frame, a rotatable form supported thereby...
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