THYS CO. v. OESTE

No. 6669.

114 F.Supp. 403 (1953)

THYS CO. v. OESTE.

United States District Court N. D. California, N. D.

March 4, 1953.


Attorney(s) appearing for the Case

Townsend, Townsend & Hoppe, San Francisco, Cal., for plaintiff.

White & White, San Francisco, Cal., for defendant.


LEMMON, District Judge.

Literally as well as figuratively, this case involves "a new twist". The central question presented is whether the use of a twist instead of a clip to join steel wire hop-picking fingers constitutes patentable invention.

The device in question traveled a rocky road through the Patent Office. The original application, filed on August 28, 1944, contained 14 claims. On November 15, 1944, the Examiner rejected all of them as being anticipated...

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