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MARASCO v. COMPO SHOE MACHINERY CORPORATION

No. 6139.

325 F.2d 695 (1963)

Harold E. MARASCO et al., Plaintiffs, Appellants, v. COMPO SHOE MACHINERY CORPORATION, Defendant, Appellee.

United States Court of Appeals First Circuit.

December 26, 1963.

Attorney(s) appearing for the Case

Robert B. Russell, Boston, Mass., with whom Russell, Chittick & Pfund, Boston, Mass., was on the brief, for appellants.

Robert L. Thompson, Boston, Mass., with whom Gerald Gillerman, Dike, Thompson, Bronstein & Mrose and Slater & Goldman, Boston, Mass., were on the brief, for appellee.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

HARTIGAN, Circuit Judge.

This is an appeal from a judgment of the United States District Court for the District of Massachusetts, entered April 5, 1963, declaring invalid all claims of U. S. Patent No. 2,962,736 issued to plaintiff-appellant Harold E. Marasco on December 6, 1960 on application filed February 19, 1959 and assigned by him to plaintiff-appellant Marasco Shoe Machinery Company. The four claims of the patent were found by the lower court to have been anticipated...

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