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PATRIARCA MFG., INC. v. SOSNICK

No. 16440.

278 F.2d 389 (1960)

PATRIARCA MFG., INC., a corporation, Domenico Patriarca, an individual, and Donald A. Cameron, an individual, Appellants, v. Melvin SOSNICK, Marvin Sosnick, and Peter Sosnick, a co-partnership, doing business as Melvin Sosnick Co., and Melvin Sosnick and Peter Sosnick, individuals, and Alfred Austruy, an individual, Appellees.

United States Court of Appeals Ninth Circuit.

April 1, 1960.

Attorney(s) appearing for the Case

Mellin, Hanscom & Hursh, Jack E. Hursh, Oscar A. Mellin, Leroy Hanscom, San Francisco, Cal., for appellants.

Donald F. Farbstein, Connolly & Farbstein, San Francisco, Cal., for appellees.

Before STEPHENS, BONE and MERRILL, Circuit Judges.

MERRILL, Circuit Judge.

Appellants have brought this action for infringement of a design patent. The District Court ruled that the patent was invalid for the reason that the design was lacking in invention and, upon this ground, dismissed the complaint with prejudice. This appeal was then taken. The sole question raised is the patentability of the design.

The design is that of a showcase used principally in the display of cigars. Letters patent were issued...

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