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GASS v. MONTGOMERY WARD & CO.

No. 15991.

387 F.2d 129 (1967)

David L. GASS and Gem Mfg. Co., Plaintiffs-Counter-Defendants-Appellees, v. MONTGOMERY WARD & CO., and Superior Industries, Inc., et al., Defendants-Counter-Plaintiffs-Appellants.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 8, 1967.

Attorney(s) appearing for the Case

Max R. Kraus, Chicago, Ill., Francis A. Utecht, Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., for appellants.

James R. McKnight, Chicago, Ill., for appellees.

Before KNOCH, CASTLE, and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

Actions for infringement of a patent.1 Defendants challenged validity, but admitted infringement if the patent be valid. The district court gave judgment for plaintiffs, deeming the patent valid. Defendants appealed.

The issue is obviousness, i. e., whether the differences between the subject matter sought to be patented and the prior art were such that the subject matter as a whole would have been obvious...

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