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T. P. LABORATORIES, INC. v. HUGE

No. 15544.

371 F.2d 231 (1966)

T. P. LABORATORIES, INC., Plaintiff-Appellant, v. Gerald W. HUGE, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

November 28, 1966.

Attorney(s) appearing for the Case

Lloyd C. Root, Lloyd L. Zickert, Marzall, Johnston, Cook & Root, Chicago, Ill., for appellant.

Allan B. Wheeler, Milwaukee, Wis., for appellee.

Before MAJOR, Senior Circuit Judge, and CASTLE and CUMMINGS, Circuit Judges.

CUMMINGS, Circuit Judge.

This appeal involves the validity of two patents owned by plaintiff. The trial court concluded that the claims in issue were invalid because their subject matter was obvious within the meaning of Section 103 of the Patent Act (35 U.S.C. § 103). The court also concluded that if the patents were valid, defendant had infringed them.

The plaintiff, T. P. Laboratories, Inc., is located in Westville, Indiana, and produces and sells...

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