Herbert Glatt, T/a Magla Products v. G. C. Murphy Company

HAYNSWORTH, Circuit Judge.

The District Court 1 held invalid claims 2 and 4 of Glatts’ Patent No. 2,704,730, issued March 22, 1955, covering “Semi-Porous Coated Cloth and Articles Made Therefrom.” 2 We agree that those claims are invalid for lack of invention.

In 1948 and 1949, Glatt was a young man with a small mercantile business. Among other things, he sold ironing board covers, and he became acquainted with the deficiencies of those he sold. He undertook to find a better, more salable, cover, particularly one with a heat resistant coating.

The domestic ironing board must be padded, usually…