Rehearing and Rehearing En Banc Denied August 22, 1978.
TONE, Circuit Judge.
The issue in this case is whether a combination patent on an exercise sandal is invalid for obviousness under 35 U.S.C. § 103. The District Court, after a bench trial, held the patent valid and infringed. We reverse the judgment.
Reduced to its essentials, the alleged invention consists of changing the position provided for the big toe in the sole of the sandal. A prior...
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