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PICKERING v. HOLMAN

Nos. 25708, 25677.

459 F.2d 403 (1972)

Thomas E. PICKERING, Plaintiff-Appellant, v. Orval HOLMAN et al., Defendants-Appellants. Thomas E. PICKERING, Plaintiff-Appellee, v. Orval HOLMAN et al., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

April 18, 1972.

Attorney(s) appearing for the Case

C. Russell Hale (argued), E. Roderick Cline, of Christie, Parker & Hale, Pasadena, Cal., for appellant-cross-appellee.

Charles E. Wills (argued), of Nilsson, Robbins, Wills, & Berliner, Los Angeles, Cal., for appellee-cross-appellant.

Before CARTER, and HUFSTEDLER, Circuit Judges, and BATTIN, District Judge.

JAMES M. CARTER, Circuit Judge:

Plaintiff Pickering appeals from the district court's holding that his patent was invalid in that it was described in a printed publication more than one year prior to the filing of the application for the patent. He also appeals from the court's award of taxable costs to defendants. Defendants Holman, Huey and Fenton (hereafter defendants) cross-appeal on the basis of the court's refusal to award them attorney's fees.

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