ENGLISH v. NORTH PACIFIC PRODUCTS, INC.

No. 76-3055.

559 F.2d 566 (1977)

Roy L. ENGLISH, Plaintiff-Appellant, v. NORTH PACIFIC PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

August 23, 1977.


Attorney(s) appearing for the Case

Daniel P. Chernoff, Chernoff & Vilhauer, Portland, Or., J. Brad Littlefield, Goldsmith, Siegel, Engel & Littlefield, Portland, Or., submitted on briefs for plaintiff-appellant.

Joseph B. Sparkman, Klarquist, Sparkman, Campbell, Leigh, Hall & Whinston, Portland, Or., for defendant-appellee.

Before BROWNING, KOELSCH and SNEED, Circuit Judges.


PER CURIAM:

The trial judge, concluding that claims 1 and 4 of plaintiff's United States Patent No. 3,765,122 covering a "Flying Toy" were embodied in a flying ring toy manufactured and sold by defendant, but that those patent claims were obvious and hence invalid (35 U.S.C. § 103), rendered judgment accordingly. Hence this appeal.

After examining the record and reviewing the pertinent law, we are clear that all material findings have support in the evidence...

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