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ANTHONY v. RANCO INCORPORATED

No. 19468.

316 F.2d 509 (1963)

Tony ANTHONY, Appellant, v. RANCO INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

April 29, 1963.

Attorney(s) appearing for the Case

Palmer A. Niles, Coral Gables, Fla., and Andrew B. Beveridge, Washington, D. C. (Padgett, Teasley & Niles, Coral Gables, Fla., of counsel), for appellant.

Allen Kirkpatrick, Washington, D. C. (John W. Malley and Cushman, Darby & Cushman, Washington, D. C., Roy E. Raney, St. Petersburg, Fla., and John N. Tolar, Fort Lauderdale, Fla., on the brief), for appellee.

Before RIVES, CAMERON, and BELL, Circuit Judges.

GRIFFIN B. BELL, Circuit Judge.

Anthony filed suit against Ranco, a valve manufacturer, charging infringement of Claims 1, 2, and 7 of United States Letters Patent No. 2,765,628 issued October 9, 1956. Ranco counterclaimed for declaratory judgment, asserting the invalidity of the claims of the patent in suit because of lack of novelty and invention, and because Anthony was not the first, original and sole inventor. These assertions were buttressed by citations to...

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