EBELING v. PAK-MOR MFG. CO.

No. 81-1341.

683 F.2d 909 (1982)

Franklin D. EBELING, Ernest C. Ebeling and Ebeling Manufacturing Corporation, Plaintiffs-Appellants, v. PAK-MOR MANUFACTURING COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 12, 1982.


Attorney(s) appearing for the Case

Gibson, Ochsenr & Adkins, S. Tom Morris, Amarillo, Tex., for plaintiffs-appellants.

Richards, Harris & Medlock, Bryan Medlock, Jr., Dallas, Tex., for defendant-appellee.

Before RUBIN and REAVLEY, Circuit Judges, and HUNTER, District Judge.


ALVIN B. RUBIN, Circuit Judge:

Following the practice sanctioned by our prior decisions,1 the district judge submitted to a jury the simple and ultimate question whether the alleged invention described in a patent for a garbage container lifting and emptying device was obvious. The jury found that it was not. The jury also found that this patent was not infringed by similar devices built by the defendant. The district judge concluded that...

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