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PIET v. UNITED STATES

No. 16782.

283 F.2d 693 (1960)

Meyer PIET, and Futurecraft Corporation, a corporation, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

November 7, 1960.

Attorney(s) appearing for the Case

Julian O. von Kalinowski, Dean C. Dunlavey, Gibson, Dunn & Crutcher, Los Angeles, Cal., for plaintiff-appellants.

George C. Doub, Asst. Atty. Gen., Morton Hollander, Ronald A. Jacks, Attorneys, Department of Justice, Washington, D. C., Laughlin E. Waters, U. S. Atty., Los Angeles, Cal., for appellee.

Before BARNES, HAMLEY and KOELSCH, Circuit Judges.

PER CURIAM.

We believe the trial court was correct in its decision on each of the two principal issues contained in this case, i. e., that the plaintiffs' invention was "in public use" and "on sale" (as those words of art are used in patent law) more than one year prior to the date of the application for a patent. Plaintiff-inventor chose neither to file an earlier application for a patent, nor to himself restrict or limit the use of the valves by others...

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