WHITEWAY MANUFACTURING CO. v. OSCAR PHILLIPS CO.

Civ. A. No. 5227.

261 F.Supp. 841 (1966)

WHITEWAY MANUFACTURING COMPANY, Plaintiff, v. OSCAR PHILLIPS COMPANY and Adrian E. (Jack) Switzer, Defendants.

United States District Court S. D. Ohio, W. D.

July 14, 1966.


Attorney(s) appearing for the Case

J. Warren Kinney, Jr., Cincinnati, Ohio, for plaintiff.

John W. Melville and Ambrose H. Lindhorst, Cincinnati, Ohio, for defendants.


MEMORANDUM OPINION AND ORDER

JOHN W. PECK, District Judge.

This matter is before the Court under the defendants' motion for summary judgment on the "FIRST CLAIM" of the Complaint on the ground that the design patent which is the subject matter thereof is invalid as a matter of law by reason of the introduction of new matter into the drawings. The motion has been thoroughly briefed and orally argued, and voluminous exhibits and depositions have been submitted...

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