Legal Opinion
Gass v. Montgomery Ward & Co.
Court of Appeals for the Seventh Circuit
Decided September 14, 1967No. 15991PublishedCited by 26 opinions
1Opinion of the Court
FAIRCHILD, Circuit Judge.
Actions for infringement of a patent.1 Defendants challenged validity, but admitted infringement if the patent be valid. The district court gave judgment for plaintiffs, deeming the patent valid. Defendants appealed.
The issue is obviousness, i. e., whether the differences between the subject matter sought to be patented and the prior art were such that the subject matter as a whole would have been obvious to a person having ordinary skill in the art. 35 U.S.C. § 103.
The analytical steps which a court must take in determining the issue of validity under sec. 103…
2Cases cited3 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Formal Fashions, Inc., and Paul Kellner v. Braiman Bows, Inc.Court of Appeals for the Second Circuit · 1966
- William S. Cloud, and v. Standard Packaging Corporation, AndCourt of Appeals for the Seventh Circuit · 1967
3Cited by26 opinions
- Deep Welding, Inc. v. Sciaky Bros., Inc.Court of Appeals for the Seventh Circuit · 1969
- Popeil Brothers, Inc. v. Schick Electric, Inc.Court of Appeals for the Seventh Circuit · 1974
- Systematic Tool & MacHine Company v. Walter Kidde & Company, Inc.Court of Appeals for the Third Circuit · 1977
- Charles E. Compton v. Metal Products, Inc.Court of Appeals for the Fourth Circuit · 1971
- Appleton Electric Company v. Efengee Electrical Supply CompanyCourt of Appeals for the Seventh Circuit · 1969
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