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TRIAX COMPANY v. HARTMAN METAL FABRICATORS, INC.

Nos. 35, 36, Dockets 71-1843, 71-1978.

479 F.2d 951 (1973)

The TRIAX COMPANY, Plaintiff-Appellant, v. HARTMAN METAL FABRICATORS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 31, 1973.

Attorney(s) appearing for the Case

Thomas V. Koykka, Arter & Hadden, Cleveland, Ohio, George S. Baldwin, Richard J. Egan, Robert J. Fetzer, Baldwin, Egan, Walling & Fetzer, Cleveland, Ohio, George W. Shaw, Cumpston, Shaw & Stephens, Rochester, N. Y., for plaintiff-appellant.

B. Edward Shlesinger, Philip K. Fitzsimmons, Shlesinger, Fitzsimmons & Shlesinger, Rochester, N. Y., for defendant-appellee.

Before WATERMAN, FRIENDLY and HAYS, Circuit Judges.

WATERMAN, Circuit Judge:

In this action The Triax Company alleges that three of its patents relating to automatic "stacker" machines it manufactures for use in its patented automated warehousing system were infringed by the "stackers" the defendant Hartman Metal Fabricators, Inc. has manufactured, sold, and installed in warehouses. Hartman defends on the ground that the three Triax patents are invalid for obviousness under 35 U.S.C. § 103; and that, even if they...

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