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SPERTI PRODUCTS, INC. v. COCA COLA COMPANY

No. 17025.

399 F.2d 607 (1968)

SPERTI PRODUCTS, INC. v. The COCA COLA COMPANY, Sperti Products, Inc. and the Institutum Divi Thomae Foundation, Appellants.

United States Court of Appeals Third Circuit.

Decided August 13, 1968.

Attorney(s) appearing for the Case

Albert E. Strasser, Melville, Strasser, Foster & Hoffman, Cincinnati, Ohio (John J. DeLuca, Joseph A. Julian, Jr., Wilmington, Del., William Schurtman, Shea, Gallop, Climenko & Gould, New York City, on the brief), for appellants.

Paul L. Ahern, Wolfe, Hubbard, Voit & Osann, Chicago, Ill. (Rodney M. Layton, Richards, Layton & Finger, Wilmington, Del., Richard Russell Wolfe, George E. Bullwinkel, Wolfe, Hubbard, Voit & Osann, Chicago, Ill., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM.

This appeal challenges that part of the August 17, 1967, opinion of the District Court, 272 F.Supp. 441 holding that "the Cole patent is invalid for obviousness under Section 103 (35 U.S.C.A. § 103)"1 and the October 5, 1967, order of the District Court based on such opinion2 dismissing the Complaint of the appellants, an...

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