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MOLLURA v. MILLER

No. 78-1118.

609 F.2d 381 (1979)

Carlos A. MOLLURA, Plaintiff-Appellant, v. Curtis G. MILLER, Craig S. Miller and American National Watermattress Corp., a California Corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 6, 1979.

Attorney(s) appearing for the Case

Fred Flam and Patrick F. Bright, Flam & Flam, Los Angeles, Cal., for plaintiff-appellant.

Stephen W. Berger, Newport Beach, Cal., argued, for defendants-appellees; Alan A. Plaia, Newport Beach, Cal., on brief.

Before WALLACE and ANDERSON, Circuit Judges, and PALMIERI, District Judge.

PALMIERI, District Judge:

Appellant Mollura brought suit for infringement of his patented plastic bag1 that he has marketed as a waterbed. At the conclusion of Mollura's case, the district court considered the evidence, including expert testimony, and dismissed the action, concluding that the patent was invalid for obviousness. We agree with this conclusion and affirm the district court.

Appellant's product is formed from three...

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