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PHILIP SITTON SEPTIC TANK COMPANY v. HONER

No. 6123.

274 F.2d 811 (1959)

PHILIP SITTON SEPTIC TANK COMPANY, Appellant, v. W. M. HONER d.b.a. Midwest Sanitation Company, Appellee.

United States Court of Appeals Tenth Circuit.

December 29, 1959.

Attorney(s) appearing for the Case

H. H. Brown, Washington, D. C. (John H. Widdowson, Wichita, Kan. and H. A. Toulmin, Jr., Washington, D. C., were with him on brief), for appellant.

Emmet A. Blaes, Wichita, Kan. (John W. Brimer, Wichita, Kan., was with him on brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and PICKETT, Circuit Judges.

MURRAH, Chief Judge.

The appellant sued for infringement of its patent (No. 2,483,564) for an improved elliptical shaped septic tank, and for other appropriate relief. The trial court gave summary judgment on the grounds of both invalidity and non-infringement.

Our first question is whether the patent in suit is patentable over a prior patent (No. 2,440,762), issued to the same patentee for a polygon-type septic tank...

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