ROTH v. ROBERTS MANUFACTURING CO.

No. 17082.

290 F.2d 200 (1961)

Sydney ROTH and Otto Powell, doing business as S. Roth Company, Appellant, v. ROBERTS MANUFACTURING CO., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

May 8, 1961.


Attorney(s) appearing for the Case

Lyon & Lyon by Charles G. Lyon, Los Angeles, Cal., for appellant.

Harris, Kiech, Russell & Kern by Ford Harris, Jr., Los Angeles, Cal., for appellee.

Before BARNES, JERTBERG and MERRILL, Circuit Judges.


MERRILL, Circuit Judge.

This appeal is taken from judgment in favor of appellee as plaintiff in a suit for patent infringement. Adams Patent 2,677,145, held by appellee, was adjudged valid and infringed. The appeal presents no issue of infringement. The sole question relates to validity. Appellant contends that the patent is lacking in invention and that the district court was clearly erroneous in finding otherwise.

The Adams patent is denominated a carpet...

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