WELCH v. GRINDLE

No. 15540.

251 F.2d 671 (1957)

C. Martin WELCH, Appellant, v. Eugene L. GRINDLE, Appellee.

United States Court of Appeals Ninth Circuit.

December 31, 1957.


Attorney(s) appearing for the Case

Naylor & Neal, James M. Naylor, Frank A. Neal, San Francisco, Cal., for appellant.

Flehr & Swain, Paul D. Flehr, John F. Swain, Harold C. Hohbach, San Francisco, Cal., for appellee.

Before STEPHENS, Chief Judge, and BARNES and HAMLEY, Circuit Judges.


BARNES, Circuit Judge.

This is an appeal1 from a judgment of the lower court that Patent No. 2,534,6442 is invalid and void. The patented article is a "Liquid Measuring Gauge," commonly known in the airline industry as a "Fuel Tank Dipstick." The trial court, having jurisdiction,3 held the patent invalid because:

(1) the application...

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