Fernando M. Ronci v. Eastern Plastics Corp.

ALDRICH, Chief Judge.

This is an action for a declaratory judgment by a plaintiff, Eastern Plastics Corp., charged with infringement of Ronci Patent No. 3,050,877, issued to the defendant Ronci on August 28, 1962. The district court, after trial, did not pass upon infringement, but declared the patent invalid for anticipation by Trela Patent No. 2,937,461, issued May 24, 1960, and for obviousness. 273 F.Supp. 854. Ronci appeals.

The patent, for use in the manufacture of high, narrow, plastic ladies’ heels, is, essentially, for an elongated, cylindrical metal shank, capped with a flat head. The…