Franklin D. Ebeling, Ernest C. Ebeling and Ebeling Manufacturing Corporation v. Pak-Mor Manufacturing Company

ALVIN B. RUBIN, Circuit Judge:

Following the practice sanctioned by our prior decisions, 1 the district judge submitted to a jury the simple and ultimate question whether the alleged invention described in a patent for a garbage container lifting and emptying device was obvious. The jury found that it was not. The jury also found that this patent was not infringed by similar devices built by the defendant. The district judge concluded that there was substantial evidence to support the jury’s verdict and denied plaintiffs’ motion for judgment n.o.v. Having considered plaintiffs’ attacks on the…