MAY v. AMERICAN SOUTHWEST WATERBED DISTRIB.

No. 82-1302.

715 F.2d 876 (1983)

Marvin I. MAY, Plaintiff-Appellant, v. AMERICAN SOUTHWEST WATERBED DISTRIBUTORS, INC., a Texas Corporation and Frank Lucas, an Individual, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied October 24, 1983.


Attorney(s) appearing for the Case

John K. DeLay, Jr., Dallas, Tex., Thomas D. Phillips, Joseph H. Golant, Los Angeles, Cal., for plaintiff-appellant.

Hubbard, Thurman, Turner, Tucker & Glaser, Robert W. Turner, Kenneth R. Glaser, Dallas, Tex., for defendants-appellees.

Before GEE, GARZA and TATE, Circuit Judges.


Rehearing and Rehearing En Banc Denied October 24, 1983.

PER CURIAM:

Having read the record, the briefs of the parties, and after hearing oral argument, we are convinced that the court below was correct in deciding that the device in the patent in question was not patentable because of obviousness as a matter of law. Therefore, the court below is affirmed on the basis of its opinion dated the 13th day of May 1982, attached hereto as Appendix "A".

AFFIRMED...

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