Celebrity, Inc., a Corporation v. A & B Instrument Company, Inc., a Corporation, and Mid-America Sales and Marketing, Inc., a Corporation

SETH, Chief Judge.

This suit was filed by the appellant, Celebrity, Inc., under the patent laws for a declaratory judgment. It sought to have the court declare invalid a design patent issued to Able L. Barber as D-203,251. The proceedings were commenced under 28 U.S.C. §§ 2201, 2202, and 28 U.S.C. § 1338(a).

Plaintiff-appellant asserted that the patent was not valid because the subject was not an ornamental design under 35 U.S.C. § 171, and in any event it was anticipated and disclosed by prior patents.

The plaintiff-appellant Celebrity also sought to prevent suits by the defendants against the…