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HARRIS-INTERTYPE CORPORATION v. PHOTON, INC.

No. 6482.

349 F.2d 856 (1965)

HARRIS-INTERTYPE CORPORATION, Appellant, v. PHOTON, INC., Appellee.

United States Court of Appeals First Circuit.

Decided August 30, 1965.

Attorney(s) appearing for the Case

Lawrence B. Biebel, Dayton, Ohio, with whom Dailey L. Bugg, Joseph G. Nauman, Marechal, Biebel, French & Bugg, Dayton, Ohio and Fish, Richardson & Neave, Boston, Mass., were on brief, for appellant.

Melvin R. Jenney, Boston, Mass., with whom Jeremiah Lynch and Kenway, Jenney & Hildreth, Boston, Mass., were on brief, for appellee.

Before ALDRICH, Chief Judge, BREITENSTEIN, Circuit Judge, and GIGNOUX, District Judge.

PER CURIAM.

Appellant makes only one substantial attack upon the judgment of the District Court holding Tansel patents No. 2,725,803 and No. 2,896,523 invalid for lack of invention, Photon, Inc. v. Harris-Intertype Corporation, 235 F.Supp. 921 (1964). It is that the Court failed to recognize that the Tansel patents disclosed the photocell-slit control of the flash, which appellant asserts is the key to a commercially successful...

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