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PARK-IN THEATRES v. ROGERS

No. 9893.

130 F.2d 745 (1942)

PARK-IN THEATRES, Inc., v. ROGERS et al.

Circuit Court of Appeals, Ninth Circuit.

September 14, 1942.

Attorney(s) appearing for the Case

Lyon & Lyon, of Los Angeles, Cal. (Leonard L. Kalish, of Philadelphia, Pa., of counsel), for appellant.

Herbert A. Huebner, of Los Angeles, Cal., for appellee.

Before WILBUR, MATHEWS, and STEPHENS, Circuit Judges.

WILBUR, Circuit Judge.

Appellant sued appellees for alleged infringement of a patent for a drive-in theatre. After answering, appellees moved for summary judgment under rule 56, Rules of Civil Procedure, 28 U.S.C.A. following section 723c, on the grounds that appellant's patent was void on its face for want of patentable subject matter, want of patentable combination, want of invention, and undue multiplicity of claims. The motion was heard on the pleadings and on...

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