ALCO KAR KURB, INC. v. AGER

No. 13276.

286 F.2d 931 (1961)

ALCO KAR KURB, INC., Appellant, v. Victor L. AGER, doing business as Totowa Concrete Block Company and Two Guys From Harrison, Totowa, Inc.

United States Court of Appeals Third Circuit.

Decided February 6, 1961.


Attorney(s) appearing for the Case

Arthur H. Jacobs, Philadelphia, Pa. (Caesar & Rivise, Philadelphia, Pa., A. D. Caesar, Philadelphia, Pa., on the brief), for appellant.

Albert C. Nolte, Jr., New York City (Moses, Nolte & Nolte, New York, N. Y., on the brief), for appellee.

Before McLAUGHLIN, HASTIE and FORMAN, Circuit Judges.


HASTIE, Circuit Judge.

In this action appellant, the present owner of United States Patent No. 2,794,375, issued to Domenick and Peter Di Falco, has sued appellee and others for patent infringement. On motion for summary judgment, the court below found the patent in suit invalid both because the device lacked invention and because its claims had been anticipated by the prior art. From the consequent order dismissing the suit, this appeal has been taken.

The...

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