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RUTTER v. WILLIAMS

No. 75-1436.

541 F.2d 878 (1976)

Henry A. RUTTER, Plaintiff-Appellee, v. Barney V. WILLIAMS, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided September 16, 1976.

Rehearing Denied October 8, 1976.

Attorney(s) appearing for the Case

William S. Dorman, Tulsa, Okl., for plaintiff-appellee.

Paul H. Johnson, Tulsa, Okl., for defendant-appellant.

Before McWILLIAMS, BREITENSTEIN and DOYLE, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This is a patent case in which the district court held that appellee Rutter's patent was valid and infringed by appellant Williams. The patent involves a combination of old elements. The controlling question is obviousness of the subject matter to one skilled in the art. See 35 U.S.C. § 103. After a non-jury trial, the district court concluded that the defendant-infringer had failed to show...

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