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SMITH v. THOMPSON

No. 1364-BH.

43 F.Supp. 848 (1941)

SMITH v. THOMPSON.

District Court, S. D. California, Central Division.

Supplemental Opinion July 25, 1941.

Attorney(s) appearing for the Case

Edward C. Purpus, of Los Angeles, Cal., C. Earl Hovey, of Kansas City, Mo., and Harold W. Mattingly, of Los Angeles, Cal., for plaintiff.

Robert W. Fulwider and John Price, Jr., both of Los Angeles, Cal., for defendant.

HARRISON, District Judge.

In this case, I have arrived at the following conclusions:

Patent No. 1,997,889 is invalid. Primarily the basis of this patent is mere substitution of materials. However, I am basing my conclusions principally on the fact that I feel no invention is involved. In view of the prior art, I feel that any advancement made by the plaintiff was the result of mechanical skill, that is, the exercise of the skill of the art.

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