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AMERICAN TUBE AND CONTROLS, INC. v. GENERAL FITTINGS CO.

No. 7188.

407 F.2d 1291 (1969)

AMERICAN TUBE AND CONTROLS, INC., Plaintiff, Appellant, v. GENERAL FITTINGS COMPANY, Defendant, Appellee.

United States Court of Appeals First Circuit.

March 10, 1969.

Attorney(s) appearing for the Case

Mark N. Donohue, New York City, with whom Dana M. Raymond, New York City, Alfred Stapleton, Joachim Weissfeld, Providence, R. I., Brumbaugh, Graves, Donohue & Raymond, New York City, and Graham, Reil, Ewing & Stapleton, Providence, R. I., were on the brief, for appellant.

W. R. Hulbert, Boston, Mass., with whom William W. Rymer, Robert E. Hillman, C. Matthew Burton, Fish, Richardson & Neave, Boston, Mass., and Hinckley, Allen, Salisbury & Parsons, Providence, R. I., were on the brief, for appellee.

Before ALDRICH, Chief Judge, WOODBURY, Senior Circuit Judge, and COFFIN, Circuit Judge.

WOODBURY, Senior Circuit Judge.

This is an appeal from a summary judgment holding United States Patent No. 3,035,614 issued to C. H. Kirk, Jr., on May 22, 1962, for an Expansion Tank invalid for lack of invention under Title 35 U.S.C. § 103.

An expansion tank sometimes called an accumulator is a device for expelling or controlling a fluid under pressure. The pratically incompressible fluid is forced into a tank, as by a pump, against a pocket of compressible...

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