SISKO v. SOUTHERN RESIN & FIBERGLASS CORPORATION

No. 23471.

373 F.2d 866 (1967)

John M. SISKO, Appellant, v. SOUTHERN RESIN & FIBERGLASS CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

March 6, 1967.


Attorney(s) appearing for the Case

George N. Hibben, Chicago, Ill., Francis D. Thomas, Jr., Washington, D. C., Lynn F. Lummus, Wm. R. Dawes, Miami, Fla., Hibben, Noyes & Bicknell, Chicago, Ill., Bacon & Thomas, Washington, D. C., Dawes & Lummus, Miami, Fla., of counsel, for appellant.

A. D. Freeman, Jr., New Orleans, La., W. Philip Churchill, Charles B. Smith, New York City, Melvin T. Boyd, Miami, Fla., Fish, Richardson & Neave, New York City, Blackwell, Walker & Gray, Miami, Fla., Morphy, Freeman & Batt, New Orleans, La., for appellee.

Before BROWN, BELL, and AINSWORTH, Circuit Judges.


GRIFFIN B. BELL, Circuit Judge.

This appeal by the plaintiff below is from a judgment holding all six claims of United States Letters Patent No. 3,139,371 invalid and not infringed by defendant-appellee. The District Court sustained the asserted defenses of invalidity based on an absence of novelty over the prior art, invalidity in that the claimed invention was obvious to persons having ordinary skill in the art, and invalidity by reason of the product of the patent...

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