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BERGSTROM v. SEARS, ROEBUCK AND CO.

Civ. No. 3-75-248.

457 F.Supp. 213 (1978)

Theodore R. BERGSTROM and Thermograte Enterprises, Inc., Plaintiffs, v. SEARS, ROEBUCK AND CO. and Cardinal Foundry & Supply Company, a division of Production Experts, Inc., Defendants.

United States District Court, D. Minnesota, Third Division.

August 17, 1978.

Attorney(s) appearing for the Case

John D. Gould, Merchant, Gould, Smith, Edell, Welter & Schmidt, P. A., Douglas J. Williams, Minneapolis, Minn., for plaintiffs.

Charles E. Steffey, Robert O. Vidas, Schroeder, Siegfried, Ryan, Vidas & Steffey, Minneapolis, Minn., for defendants.

FINDINGS OF FACT

CONCLUSIONS OF LAW

ORDER FOR JUDGMENT

MacLAUGHLIN, District Judge.

The sole issue before the Court is whether or not United States Design Patent No. 228,728 is invalid pursuant to 35 U.S.C. § 102(b) because the ornamental design subject matter of the patent was on sale, in public use, or described in a printed publication more than one year prior to the filing date of the patent.

This Court, having heard...

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