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BERGMAN v. ALUMINUM LOCK SHINGLE CORP. OF AMERICA

No. 15589.

251 F.2d 801 (1957)

Harry X. BERGMAN, Perma-Lox Aluminum Shingle Corporation and Victor H. Langville, doing business under the assumed name of Langville Manufacturing Company, Appellants, v. ALUMINUM LOCK SHINGLE CORPORATION OF AMERICA, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 14, 1958.

Attorney(s) appearing for the Case

J. Pierre Kolisch, Ramsey & Kolisch, Portland, Ore., for appellants.

S. J. Bischoff, Portland, Ore., for appellee.

Before HEALY, POPE and LEMMON, Circuit Judges.

LEMMON, Circuit Judge.

Twilight is falling upon "gadgets" as subjects of patents. The dusk commenced to gather half a dozen years ago when, in an epochal decision,1 the Supreme Court fixed its canon against dignifying combined "segments of prior art" with the title of "inventions".

In a concurring opinion in that case, Mr. Justice Douglas compiled a devastating list of "gadgets" that have been placed "under the armour of patents...

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