HAMLOW v. SCIENTIFIC GLASS APPARATUS CORP.

No. 22810.

421 F.2d 173 (1970)

Harlan P. HAMLOW and Henry Rapoport, Plaintiffs-Appellants, v. SCIENTIFIC GLASS APPARATUS CORP., a corporation, and Rinco Instruments Company, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 16, 1970.


Attorney(s) appearing for the Case

Henry G. Hardy (argued), San Francisco, Cal., for appellants.

Carlisle M. Moore (argued), Oscar A. Mellin, of Mellin, Hanscom & Hursh, San Francisco, Cal., Bernard Kriegel, Los Angeles, Cal., for appellees.

Before JERTBERG, BROWNING, and HUFSTEDLER, Circuit Judges.


PER CURIAM:

Appellants brought this action against two corporate defendants for infringement of United States Patent No. 3,219,099. The patent covers appellants' design for a small piece of laboratory equipment known as a rotary evaporator. The district court found the patent both invalid and not infringed; we affirm on the sole ground that the patent was invalid for obviousness under 35 U.S.C. § 103.

Appellants' rotary evaporator is superior to earlier...

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