ANSLEY WEST CORPORATION v. ELCO CORPORATION

Nos. 25238, 25375 and 25394.

467 F.2d 1170 (1972)

ANSLEY WEST CORPORATION, Plaintiff-Appellee, v. ELCO CORPORATION, Defendant-Appellant. ANSLEY WEST CORPORATION, Plaintiff-Appellee-Cross-Appellant, v. ELCO CORPORATION, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

July 3, 1972.


Attorney(s) appearing for the Case

Nathan Lavine (argued), of Adelman & Lavine, Philadelphia, Pa., Walton Eugene Tinsley, of Harris, Kiech, Russell & Kern, Los Angeles, Cal., David Roy Pressman, Philadelphia, Pa., for defendant-appellant.

Thomas M. Marshall (argued), New York City, Frank E. Mauritz, of Lyon & Lyon, Miketta, Glenny, Poms & Smith, Los Angeles, Cal., for plaintiff-appellee.

Before KOELSCH and HUFSTEDLER, Circuit Judges, and COPPLE, District Judge.


KOELSCH, Circuit Judge:

The district court held that Claims 1 through 7 of plaintiff's patent (Griswold, U.S. Patent No. 3,155,809, issued November 3, 1964) were valid and infringed. Defendants appeal.1 We conclude that the claims lack invention on the now statutory ground that "... the differences between the subject matter ... and the prior art are such that the subject matter as a whole would have been obvious at the time the invention...

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