SHAW v. E. B. & A. C. WHITING COMPANY

Nos. 24-28, Dockets 32426-32428, 32517, 32518.

417 F.2d 1097 (1969)

Gilbert SHAW and Polymers, Inc., Plaintiffs-Appellants, v. E. B. & A. C. WHITING COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided November 5, 1969.


Attorney(s) appearing for the Case

Granville M. Pine, John D. Foley, George P. Hoare, Jr., Morgan, Finnegan, Durham & Pine, New York City, Ralph A. Foote, Conley & Foote, Middlebury, Vt., for plaintiffs-appellants.

Irving M. Tullar, Beale & Jones, Arlington, Va., Robert E. Cummings, Jr., Bennington, Vt., for defendant-appellee.

Before LUMBARD, Chief Judge, and WATERMAN and KAUFMAN, Circuit Judges.


WATERMAN, Circuit Judge:

Plaintiff-appellants (hereafter plaintiff or appellant) appeal from a judgment order entered in the United States District Court for the District of Vermont after a trial before Judge Bernard J. Leddy sitting without jury. The trial judge filed lengthy Findings of Fact from which he concluded that appellant's patent in suit, No. 2,637,893, issued to appellant Gilbert Shaw on May 12, 1953, was invalid for obviousness under 35 U.S.C. §...

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