BATES INDUSTRIES, INC. v. DAYTONA SPORTS CO.

No. 25096-97.

441 F.2d 1110 (1971)

BATES INDUSTRIES, INC., Appellant, v. DAYTONA SPORTS CO. and Daytona Products, Inc., and Paulson Manufacturing Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

April 26, 1971.


Attorney(s) appearing for the Case

J. F. McLellan (argued), Francis A. Utecht, of Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., for appellant.

Roland N. Smoot (argued), Robert M. Taylor, Jr., of Lyon & Lyon, Los Angeles, Cal., for appellees.

Before MERRILL, ELY and TRASK, Circuit Judges.


PER CURIAM:

This is an appeal from the granting of a summary judgment in a patent infringement action which held invalid a utility patent and a related design patent, both of which covered a motorcycle-type protective helmet with a pivotally attached flip-up face shield. The district court found that the patented invention was not really inventive over the prior art, but merely a combination of old elements which did not accomplish a new result. According to both...

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