Legal Opinion

John M. Sisko v. Southern Resin & Fiberglass Corporation

Court of Appeals for the Fifth Circuit

Decided March 6, 1967No. 23471PublishedCited by 14 opinions

1Opinion of the Court

GRIFFIN B. BELL, Circuit Judge.

This appeal by the plaintiff below is from a judgment holding all six claims of United States Letters Patent No. 3,139,-371 invalid and not infringed by defendant-appellee. The District Court sustained the asserted defenses of invalidity based on an absence of novelty over the prior art, invalidity in that the claimed invention was obvious to persons having ordinary skill in the art, and invalidity by reason of the product of the patent having been sold and used commercially more than a year prior to the filing date of the patent. The court also concluded that…

2Cases cited7 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Sinclair & Carroll Co. v. Interchemical Corp.Supreme Court of the United States · 1945
  3. Murray Company of Texas, Inc. v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1959
  4. George W. Cornell and W. Elder Cornell, Jr. v. Adams Engineering Company, Inc.Court of Appeals for the Fifth Circuit · 1958
  5. Up-Right, Inc. v. Safway Products, Inc. And R. D. Werner Co., Inc.Court of Appeals for the Fifth Circuit · 1963

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Swofford v. B & W, Inc.Court of Appeals for the Fifth Circuit · 1968
  2. Johns-Manville Corporation v. Cement Asbestos Products CompanyCourt of Appeals for the Fifth Circuit · 1970
  3. Waldon, Inc., Plaintiff-Appellant-Cross v. Alexander Manufacturing Company and Amco International, Defendants-Appellees-CrossCourt of Appeals for the Fifth Circuit · 1970
  4. Metal Arts Company v. Fuller CompanyCourt of Appeals for the Fifth Circuit · 1968
  5. National Filters, Inc. v. Research Products CorporationCourt of Appeals for the Fifth Circuit · 1967

9 more not listed; retrieve them via the Exa API.

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