Tensitron, Inc., Appellant, v. David Bromley, D/b/a Electromatic Equipment Company, Appellee, 369 F.2d 699 (2d Cir. 1966)

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US Court of Appeals for the Second Circuit - 369 F.2d 699 (2d Cir. 1966) Argued October 26, 1966
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.

PER CURIAM:


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.