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UP-RIGHT v. PATENT SCAFFOLDING CO.

No. 14617.

228 F.2d 102 (1955)

UP-RIGHT, Inc., a corporation, and Wallace J. S. Johnson, Appellants, v. PATENT SCAFFOLDING CO., Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

December 2, 1955.

Attorney(s) appearing for the Case

Mellin, Hanscom & Hursh, Oscar A. Mellin, Leroy Hanscom, Jack E. Hursh, San Francisco, Cal., for appellants.

Bronson, Bronson & McKinnon, J. E. Trabucco, E. D. Bronson, San Francisco, Cal., C. P. Goepel, New York City, for appellee.

Before DENMAN, Chief Judge, and HEALY and LEMMON, Circuit Judges.

PER CURIAM.

Up-Right, Inc. and Johnson appeal from a judgment of the district court denying appellants' recovery for patent infringement on the ground that their patent is invalid. The question presented is whether appellants' patented adjustable scaffold leg is a "combination" of old elements which produces a new function and results, or only an "aggregation" of old elements each performing its well known function.

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