GALLO v. NORRIS DISPENSERS, INC.

No. 20542.

445 F.2d 649 (1971)

Albert M. GALLO, d/b/a A. J. Gallo Company, Plaintiff-Appellant, v. NORRIS DISPENSERS, INC., Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

August 9, 1971.


Attorney(s) appearing for the Case

Paul M. Denk, St. Louis, Mo., for plaintiff-appellant.

John D. Levine, David N. Fronek, and Dorsey, Marquart, Windhorst, West & Halladay, Minneapolis, Minn., for defendant-appellee.

Before JOHNSEN and ROSS, Circuit Judges, and HARPER, Senior District Judge.


PER CURIAM.

This is an appeal from a ruling by the trial court holding that the Gallo patent (2,726,262) is invalid and, even if valid, not infringed by the Weiss patent (3,171,266). We affirm.

The Gallo patent was issued on May 22, 1956. As a part of the patented machine, evaporating coils were placed on top of a cooling plate which was installed in the machine at an angle. A water overflow trough at the top of the cooling plate permitted water to flow over...

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