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WALKER v. GENERAL MOTORS CORPORATION

Civ. No. 40170.

225 F.Supp. 350 (1963)

Brooks WALKER, Plaintiff, v. GENERAL MOTORS CORPORATION, a corporation, Les Vogel Chevrolet Company, a corporation, and John Doe Company, a corporation, Defendants.

United States District Court N. D. California, S. D.

November 27, 1963.

Attorney(s) appearing for the Case

A. Donham Owen, Roger W. Erickson, San Francisco, Cal., for plaintiff.

Naylor & Neal, James M. Naylor, Frank A. Neal, San Francisco, Cal., for defendants.

ZIRPOLI, District Judge.

This is an action for patent infringement. Defendants' motion for summary judgment is made on the ground that plaintiff's patent is invalid because it was anticipated by the prior art. Plaintiff's patent, filed on April 23, 1936, makes three claims that are relevant here:

"The invention claimed is: "1. In an automobile including a body supported on wheels, fenders for said wheels at least one whereof has a side extended...

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