HOUSTON v. POLYMER CORP.

Nos. 78-2714, 78-2860.

637 F.2d 617 (1980)

Sam HOUSTON, an individual, dba Modern Transportation Supplies, Plaintiff/Appellee, v. The POLYMER CORPORATION, a Pennsylvania Corporation, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 8, 1980.


Attorney(s) appearing for the Case

Joseph L. Strabala, San Francisco, Cal., for defendant/appellant; Robert Berg, San Francisco, Cal., on brief.

Richard O. Church, Reading, Pa., for plaintiff/appellee (argued); Roger L. Cook, Townsend & Townsend, San Francisco, Cal., on brief.

Before WRIGHT and SNEED, Circuit Judges, and FRYE, District Judge.


EUGENE A. WRIGHT, Circuit Judge:

Houston challenged Polymer's patent on nylon pedestal liners for railroad trucks as invalid for "obviousness." The district court agreed and granted summary judgment for Houston. We reverse and remand for trial.

The disputed patent relates to the replacement of hardened alloy steels with nylon in making wear plates for railroad trucks of a type typically used in diesel locomotives. As the surfaces are "slidably engaged to enable...

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