BLUMCRAFT OF PITTSBURGH v. CITIZENS & SOUTHERN NAT. BANK

No. 12719.

407 F.2d 557 (1969)

BLUMCRAFT OF PITTSBURGH, a Partnership, Consisting of Hyman Blum, Max Blum, Louis Blum, and Harry P. Blum, Appellee, v. CITIZENS AND SOUTHERN NATIONAL BANK OF SOUTH CAROLINA, Daniel Construction Company, Inc., and Colonial Iron Works, Inc., Appellants.

United States Court of Appeals Fourth Circuit.

Decided February 19, 1969.

Certiorari Denied June 16, 1969.


Attorney(s) appearing for the Case

Warren N. Williams, Kansas City, Mo., (Gordon D. Schmidt Kansas City, Mo., and Donald L. Ferguson, Greenville, S. C., on brief), for appellants.

James C. McConnon, Philadelphia, Pa., (Henry N. Paul, Jr., and Paul & Paul, Philadelphia, Pa., Ralph Bailey, Jr., and Bailey & Dority, Greenville, S. C., on brief), for appellee.

Before SOBELOFF, WINTER, and BUTZNER, Circuit Judges.


Certiorari Denied June 16, 1969. See 89 S.Ct. 2103.

BUTZNER, Circuit Judge:

This appeal is taken from the district court's ruling that two patents, D-171,963 for design and 2,905,445 for a mechanical device, owned by Blumcraft of Pittsburgh were valid and infringed by railings produced by Architectural Art Manufacturing Co.1 We hold that both patents are invalid under 35 U.S.C. § 103.

I.

Blumcraft's design...

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