FISCH v. GOULD

No. 12145.

246 F.2d 5 (1957)

Richard A. FISCH and Anchor Plastics Co., Inc., Plaintiffs-Appellants, v. William GOULD, Doing Business as Stay-Rite Supply Co., and Keystone Plastics, Inc., Defendants-Appellees.

United States Court of Appeals Third Circuit.

Decided June 28, 1957.

Rehearing Denied August 13, 1957.


Attorney(s) appearing for the Case

George B. Finnegan, Jr., New York City (Jerome G. Lee, Orville N. Greene, New York City, Pitney, Hardin & Ward, Newark, N. J., on the brief), for plaintiffs-appellants.

Howard J. Churchill, New York City (David Trauth, Newark, N. J., Robert M. Freeman, New York City, on the brief), for defendants-appellees.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.


McLAUGHLIN, Circuit Judge.

The district court held the disputed process patent invalid for lack of invention and plaintiffs appeal.

The patent is United States patent No. 2,531,234 issued November 21, 1950 to Peter H. Seckel. Without contradiction, as set out in the patent, the process consists of melting two or more incompatible thermoplastic fiber-forming linear-polymeric compositions, introducing them into a conventional extruding machine and extruding...

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