ASHCROFT v. PAPER MATE MFG. COMPANY

No. 23328.

434 F.2d 910 (1970)

Charles D. ASHCROFT and Milton A. Engle, Appellants, v. PAPER MATE MFG. COMPANY, Appellee.

United States Court of Appeals, Ninth Circuit.

November 18, 1970.


Attorney(s) appearing for the Case

Paul L. Gardner (argued), of Kendrick & Subkow, Los Angeles, Cal., for appellant.

William Poms (argued) of Miketta, Glenny, Poms & Smith, Los Angeles, Cal., for appellee.

Before BARNES, BROWNING, and CARTER, Circuit Judges.


BARNES, Circuit Judge:

This is an action for damages for the infringement of United States Patent No. 3,018,761. The District Court granted defendant's motion for summary judgment and held the appellant's patent invalid under 35 U.S.C. § 101 as lacking novelty, under 35 U.S.C. § 102 as claiming more than was invented by the patentee, and under 35 U.S.C. § 103 as being obvious to a person having ordinary skill in the art. In addition, the Court also...

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