Tensitron, Inc., Appellant, v. David Bromley, D/b/a Electromatic Equipment Company, Appellee, 369 F.2d 699 (2d Cir. 1966)Annotate this Case
Decided November 3, 1966
Appeal from the United States District Court for the Eastern District of New York; John F. Dooling, Jr., Judge.
Robert E. Burns, New York City (Burns, Lobato & Zelnick, New York City, of counsel), for appellant.
Lawrence F. Scinto, New York City (Ward, Haselton, McElhannon, Orme, Brooks & Fitzpatrick, New York City), for appellee.
Before LUMBARD, Chief Judge, and MOORE and KAUFMAN, Circuit Judges.
We affirm Judge Dooling's finding that Tensitron's tension meter was "obvious" within the meaning of 35 U.S.C. § 103 and therefore not patentable. His well reasoned opinion is reported at 260 F. Supp. 457 (1966). It is unnecessary, therefore, for us to pass upon his finding that Bromley's device infringed claims 2, 3, 5, and 6 of Tensitron's patent.