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ROPAT CORP. v. McGRAW-EDISON CO.

Nos. 75-1571, 75-1572.

535 F.2d 378 (1976)

ROPAT CORPORATION, Plaintiff-Appellant, v. McGRAW-EDISON COMPANY, and Marshall Field & Company, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 13, 1976.

Rehearing Denied June 4, 1976.

Attorney(s) appearing for the Case

Richard R. Trexler and Caliste J. Alster, Chicago, Ill., for plaintiff-appellant.

Bruce B. Krost, Cleveland, Ohio, Dallett Hoopes, Waterbury, Conn., Clarence J. Fleming, James Van Santen, Chicago, Ill., for defendants-appellees.

Before CASTLE, Senior Circuit Judge, and CUMMINGS and SPRECHER, Circuit Judges.

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...

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