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TODD v. SEARS, ROEBUCK AND COMPANY

No. 6859.

216 F.2d 594 (1954)

Garry W. TODD, Appellant, v. SEARS, ROEBUCK AND COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided November 8, 1954.

Attorney(s) appearing for the Case

Paul B. Bell, Charlotte, N. C. (Paul B. Eaton and Eaton & Bell, Charlotte, N. C., on the brief), for appellant.

Stephen H. Philbin, New York City (Frank H. Kennedy, Charlotte, N. C., and Nathan N. Kraus, Chicago, Ill., on the brief), for appellee.

Before PARKER, Chief Judge, DOBIE, Circuit Judge, and BOREMAN, District Judge.

DOBIE, Circuit Judge.

This is a civil action filed in the United States District Court for the Western District of North Carolina by Garry W. Todd against Sears, Roebuck and Company (hereinafter called Sears), for the alleged infringement of a patent. The District Court decided in favor of the defendant on four grounds: (1) the invalidity of the patent for lack of invention; (2) no infringement of the patent by the accused device by Sears; (3) the claims were too...

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