Robert E. Allen, D/B/A Bob Allen's Gun Club Sportswear v. Ideal Products, Inc. And Calvin Bean

OPINION OF THE COURT

Plaintiff sued for infringement of his United States Patent No. 2,948,899 relating to a removable pocket insert on a hunting garment to absorb the recoil of a gun. The district court granted de fendants’ motion for summary judgment on the ground of obviousness and non-infringement. 300 F.Supp. 349. Plaintiff appeals. 1

The patent deals with an idea which is so apparent that no discussion is required to support the conclusion of the district court that it was invalid for obviousness. We therefore need not consider the additional ground for the decision below that there was…