Roy L. English v. North Pacific Products, Inc.

U.S. Court of Appeals for the Ninth Circuit August 23, 1977

Roy L. English v. North Pacific Products, Inc., 559 F.2d 566 (9th Cir. 1977)

200 U.S.P.Q. (BNA) 20

Opinion

PER CURIAM:

The trial judge, concluding that claims 1 and 4 of plaintiffs United States Patent No. 3,765,122 covering a “Flying Toy” were embodied in a flying ring toy manufactured and sold by defendant, but that those patent claims were obvious and hence invalid (35 U.S.C. §' 103), rendered judgment accordingly. Hence this appeal.

After examining the record and reviewing the pertinent law, we are clear that all material findings have support in the evidence and are not clearly erroneous, and that the judgment should be and is

AFFIRMED.

Reference

Full Case Name: Roy L. ENGLISH, Plaintiff-Appellant, v. NORTH PACIFIC PRODUCTS, INC., Defendant-Appellee
Status: Published