TENSITRON, INC. v. BROMLEY

No. 100, Docket 30338.

369 F.2d 699 (1966)

TENSITRON, INC., Appellant, v. David BROMLEY, d/b/a Electromatic Equipment Company, Appellee.

United States Court of Appeals Second Circuit.

Decided November 3, 1966.


Attorney(s) appearing for the Case

Robert E. Burns, New York City (Burns, Lobato & Zelnick, New York City, of counsel), for appellant.

Lawrence F. Scinto, New York City (Ward, Haselton, McElhannon, Orme, Brooks & Fitzpatrick, New York City), for appellee.

Before LUMBARD, Chief Judge, and MOORE and KAUFMAN, Circuit Judges.


PER CURIAM:

We affirm Judge Dooling's finding that Tensitron's tension meter was "obvious" within the meaning of 35 U.S.C. § 103 and therefore not patentable. His well reasoned opinion is reported at 260 F.Supp. 457 (1966). It is unnecessary, therefore, for us to pass upon his finding that Bromley's device infringed claims 2, 3, 5, and 6 of Tensitron's patent.


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