OTIS v. NATIONAL TEA COMPANY

No. 11258.

218 F.2d 153 (1955)

Samuel S. OTIS v. NATIONAL TEA COMPANY.

United States Court of Appeals Seventh Circuit.

January 6, 1955.


Attorney(s) appearing for the Case

Edwin Phelps, Wilmette, Ill., for appellant.

Harry C. Alberts, Chicago, Ill., for appellee.

Before LINDLEY, SWAIM and SCHNACKENBERG, Circuit Judges.


SWAIM, Circuit Judge.

The plaintiff, Samuel S. Otis, was granted United States Letters Patent No. 2,459,391 on what he designated a "knife rack and edger." The defendant subsequently began using a similar rack in its stores, and plaintiff filed an action for infringement of his patent, praying for damages and injunctive relief. After hearing evidence, the District Court dismissed the complaint, finding plaintiff's patent invalid for lack of utility and invention....

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