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CELEBRITY, INC. v. A & B INSTRUMENT CO., INC.

No. 76-1949.

573 F.2d 11 (1978)

CELEBRITY, INC., a corporation, Appellant, v. A & B INSTRUMENT COMPANY, INC., a corporation, and Mid-America Sales and Marketing, Inc., a corporation, Appellees.

United States Court of Appeals, Tenth Circuit.

Decided March 8, 1978.

Rehearing Denied April 11, 1978.

Attorney(s) appearing for the Case

James D. Fellers of Fellers, Snider, Blankenship & Bailey, Oklahoma City, Okl. (Terry W. Tippens, Oklahoma City, Okl., and Henry W. Foulds, Jr., of Brooks, Haidt, Haffner & Delahunty, New York City, with him on the brief), for appellant.

Jerry J. Dunlap of Dunlap, Codding & McCarthy, Oklahoma City, Okl. (Jerry J. Dunlap, II, Oklahoma City, Okl., with him on the brief), for appellee, A & B Instrument Co., Inc.

Charles G. Humble, Bethany, Okl., for appellee, Mid-America Sales & Marketing, Inc.

Before SETH, Chief Judge, and DOYLE and LOGAN, Circuit Judges.

SETH, Chief Judge.

This suit was filed by the appellant, Celebrity, Inc., under the patent laws for a declaratory judgment. It sought to have the court declare invalid a design patent issued to Able L. Barber as D-203,251. The proceedings were commenced under 28 U.S.C. §§ 2201, 2202, and 28 U.S.C. § 1338(a).

Plaintiff-appellant asserted that the patent was not valid because the subject was not an ornamental design under 35 U.S.C. § 171...

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