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ELECTROFILM, INC. v. EVERLUBE CORPORATION OF AMERICA

No. 15742.

265 F.2d 495 (1959)

ELECTROFILM, INC., Appellant, v. EVERLUBE CORPORATION OF AMERICA, A. R. Booker and K. Taylor, Appellees.

United States Court of Appeals Ninth Circuit.

March 31, 1959.

Attorney(s) appearing for the Case

Walter H. Young, Los Angeles, Cal., for appellant.

Warren L. Kern, Walton Eugene Tinsley, Harris, Kiech, Foster & Harris, Los Angeles, Cal., for appellee.

Before BARNES and HAMLEY, Circuit Judges, and CHASE A. CLARK, District Judge.

PER CURIAM.

This is an appeal from a judgment wherein it is held that:

"United States Letters Patent No. 2,703,768 and each of the claims thereof are invalid for anticipation under subdivision (a), (b) and (g) of Section 102 of Title 35, U.S.C. and solely by reason of such invalidity plaintiff, Everlube Corporation of America, does not infringe said letters patent or any of the claims thereof.

"2. Defendant Cross-claimant, Electrofilm Inc., shall take...

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