Glastrusions, Inc., Plaintiff-appellant, v. New Plastic Corporation, Defendant-appellee, 339 F.2d 1022 (9th Cir. 1965)

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US Court of Appeals for the Ninth Circuit - 339 F.2d 1022 (9th Cir. 1965) December 10, 1964
Rehearing Denied January 19, 1965

Francis A. Utecht, Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., for appellant.

Herbert A. Huebner, Huebner & Worrel, Los Angeles, Cal., for appellee.

Before MERRILL, DUNIWAY and ELY, Circuit Judges.


In our judgment the findings of fact, while perhaps not as specific with reference to the prior art as we might have wished, are sufficient and are not clearly erroneous. They support the Court's determination that the patent in issue lacked invention and was a mere aggregation of elements old in the art.

Under the circumstances we need not deal with the attack on the District Court's determination that there was no infringement.

Judgment affirmed.