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ROTHE v. FORD MOTOR COMPANY

No. 14161.

253 F.2d 353 (1958)

Walter F. ROTHE, Appellant, v. FORD MOTOR COMPANY, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided March 13, 1958.

Attorney(s) appearing for the Case

Mr. Carl L. Shipley, Washington, D. C., for appellant.

Mr. Robert G. Harris, Dearborn, Mich., of the bar of the Supreme Court of Michigan, pro hac vice, by special leave of Court, with whom Mr. Leo A. Rosetta, Washington, D. C., was on the brief, for appellee.

Before PRETTYMAN and BURGER, Circuit Judges, and JACKSON, a Senior Judge of the United States Court of Customs and Patent Appeals.

JACKSON, Judge.

This is an appeal from a Summary Judgment under Fed.Rules Civ.Proc. rule 56(b) and (c) 28 U.S.C.A., rendered by the District Court of the District of Columbia in which Design Patent 155,452, issued to Walter E. Rothe for "Design for a Combined Grill, Hood, Fenders, and Bumper for Automobiles" was held to be:

1. invalid for want of invention, 2. invalid for want of novelty, 3. even if valid, not infringed by the structures...

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