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FRANK W. EGAN & CO. v. MODERN PLASTIC MACHINERY CORP.

No. 16446.

387 F.2d 319 (1967)

FRANK W. EGAN & COMPANY and William H. Willert, Appellants, v. MODERN PLASTIC MACHINERY CORP.

United States Court of Appeals Third Circuit.

Decided December 29, 1967.

Rehearing Denied February 1, 1968.

Attorney(s) appearing for the Case

William K. Kerr, Fish, Richardson & Neave, New York City (Marshall Crowley, Willard G. Woelper, Toner, Crowley, Woelper & Vanderbilt, Newark, N. J., David W. Plant, Fish, Richardson & Neave, New York City, on the brief), for appellants.

Ernest G. Montague, New York City (Harry Sommers, Newark, N. J., on the brief), for appellee.

Before STALEY, Chief Judge, KALODNER, Circuit Judge, and SHERIDAN, District Judge.

KALODNER, Circuit Judge.

OPINION OF THE COURT

Did the District Court correctly apply the controlling legal test of "obviousness" of Section 103 of the Patent Act of 1952, 35 U.S.C.A.,1 in holding,2 in the instant patent infringement action, that Claims 1 and 4 of Patent No. 2,734,226 were invalid for lack of invention and obviousness in the light of the prior art?

The mooted patent for an...

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