FROMBERG, INC. v. GROSS MANUFACTURING COMPANY

No. 18539.

328 F.2d 803 (1964)

FROMBERG, INC., Appellant, v. GROSS MANUFACTURING COMPANY, Inc., Appellee.

United States Court of Appeals Ninth Circuit.

February 26, 1964.


Attorney(s) appearing for the Case

Nilsson, Robbins & Anderson, and B. G. Nilsson, Los Angeles, Cal., for appellant.

Christie, Parker & Hale, C. Russell Hale, and Harold L. Jackson, Pasadena, Cal., for appellee.

Before HAMLIN, BROWNING and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

Appellant is the owner of United States Letters Patent No. 2,828,791 and brought this action charging infringement of the patent. The trial court granted the appellee's motion for summary judgment. We are affirming.

The patent is a combination patent involving two unpatentable elements. The combination is a simple, clever, useful, and highly successful device, the purpose of which is to enable a tire repairman to repair a hole in a...

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