Legal Opinion
C. Martin Welch v. Eugene L. Grindle
Court of Appeals for the Ninth Circuit
Decided December 31, 1957No. 15540PublishedCited by 23 opinions
1Opinion of the Court
BARNES, Circuit Judge.
This is an appeal 1 from a judgment of the lower court that Patent No. 2,534,-644 2 is invalid and void. The patented article is a “Liquid Measuring Gauge,” commonly known in the airline industry as a “Fuel Tank Dipstick.” The trial court, having jurisdiction, 3 held the patent invalid because:(1) the application for patent was not filed by the true inventor;(2) the application for patent was filed more than one year after public use of the patented article; and(3) the patented article does not teach invention over the prior art.
Plaintiff-appellee (hereinafter called…
2Cases cited10 opinions
- Treemond Co. v. Schering CorporationCourt of Appeals for the Third Circuit · 1941
- Aralac, Inc. v. Hat Corporation of AmericaCourt of Appeals for the Third Circuit · 1948
- United States v. BransenCourt of Appeals for the Ninth Circuit · 1944
- Crowell v. Baker Oil Tools, Inc.Court of Appeals for the Ninth Circuit · 1944
- Kansas City Southern Railway Company, a Corporation v. James H. CagleCourt of Appeals for the Tenth Circuit · 1956
5 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Simmonds Aerocessories, Limited, Appelant v. Elastic Stop Nut Corporation of AmericaCourt of Appeals for the Third Circuit · 1958
- Quick Chek Food Stores v. Township of SpringfieldSupreme Court of New Jersey · 1980
- Super Products Corporation, a Wisconsin Corporation v. D P Way Corporation, a Wisconsin CorporationCourt of Appeals for the Seventh Circuit · 1977
- Wembley, Inc. v. Superba Cravats, Inc.Court of Appeals for the Second Circuit · 1963
- Rengo Co. Ltd. And Simon Container MacHinery Limited, in No. 80-2556 v. Molins MacHine Company, Inc., in No. 80-2557Court of Appeals for the Third Circuit · 1981
18 more not listed; retrieve them via the Exa API.