SCHWINN BICYCLE CO. v. GOODYEAR TIRE & RUBBER CO.

No. 23950.

444 F.2d 295 (1970)

SCHWINN BICYCLE COMPANY, Plaintiff-Appellant, v. GOODYEAR TIRE & RUBBER COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 22, 1970.


Attorney(s) appearing for the Case

Wm. E. Lucas (argued), Malcolm McCaleb, Chicago, Ill., for appellant.

John M. Calimafde (argued), Michael Ebert, of Sandoe, Hopgood & Calimafde, New York City, Naylor & Neal, San Francisco, Cal., for appellee.

Before BROWNING, WRIGHT and KILKENNY, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge:

This is an appeal from a decision of the district court granting summary judgment to defendant-appellee Good-year on the ground that plaintiff-appellant Schwinn's design patent for a bicycle seat is invalid and, if valid, is not infringed by a similar bicycle seat manufactured by Goodyear. We are in agreement with the district court's determination of invalidity and affirm.

I. The Patent in Suit and the Prior Art Advertisement...

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