Legal Opinion
Ropat Corporation v. McGraw Company, and Marshall Field & Company
Court of Appeals for the Seventh Circuit
Decided June 4, 1976No. 75-1571, 75-1572PublishedCited by 15 opinions
1Opinion of the Court
CASTLE, Senior Circuit Judge.
The sole question presented in these appeals is whether utility patent No. 3,611,-910, assigned to plaintiff-appellant Ropat Corporation and relating to a “pop-flip-serve” corn popper is invalid due to double patenting over the prior issued design patent No. 206,674, also assigned to Ropat and relating to a corn popper.
I
The design patent was issued on January 10,1967 and claims “The ornamental design for a corn popper substantially as shown” and includes the following diagrams:
It was granted for a term of 14 years.
The utility patent was subsequently issued nearly…
2Cases cited14 opinions
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Application of Virgil W. Vogel and Paul W. VogelCourt of Customs and Patent Appeals · 1970
- Application of Luke Thorington, Gerald Schiazzano and Joel ShurganCourt of Customs and Patent Appeals · 1969
- J. I. Clark Company and John R. Clark v. Jones & Laughlin Steel CorporationCourt of Appeals for the Seventh Circuit · 1961
- In Re HargravesCourt of Customs and Patent Appeals · 1931
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Carman Industries, Inc. v. Eugene A. Wahl and Vibra Screw, Inc.Court of Appeals for the Federal Circuit · 1983
- Republic Industries, Inc. v. Schlage Lock CompanyCourt of Appeals for the Seventh Circuit · 1979
- Eugene A. Wahl and Vibra Screw, Incorporated v. Rexnord, IncCourt of Appeals for the Third Circuit · 1980
- Dual Manufacturing & Engineering, Inc. v. Burris Industries, Inc.Court of Appeals for the Seventh Circuit · 1980
- Marcyan v. Nissen Corp.District Court, N.D. Indiana · 1982
10 more not listed; retrieve them via the Exa API.