George N. Mas and Frank M. Mas v. Owens-Illinois Glass Company

Third Circuit

George N. Mas and Frank M. Mas v. Owens-Illinois Glass Company

222 F.2d 889, 105 U.S.P.Q. (BNA) 462, 1955 U.S. App. LEXIS 5430

Court of Appeals for the Third Circuit·Decided June 2, 1955·No. 11466·Published·Cited by 3 cases

Opinion

PER CURIAM.

This is a suit for the infringement of a design patent for a beverage bottle, Des. 102,569, issued December 29, 1936. The district court held that the patent was limited to frosted surface ornamentation as shown by the patent drawing and did not include the form or configuration of the bottle. Since the defendant makes only bottles devoid of surface ornamentation the district court concluded that it had not infringed the patent and entered a summary judgment dismissing the complaint. We have carefully examined- the record and are entirely satisfied that the conclusions of the district court were correct for the reasons well stated in the opinion filed by Judge Meaney. 122 F.Supp. 582.

The judgment of the district court will be affirmed.

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PER CURIAM.

This is a suit for the infringement of a design patent for a beverage bottle, Des. 102,569, issued December 29, 1936. The district court held that the patent was limited to frosted surface ornamentation as shown by the patent drawing and did not include the form or configuration of the bottle. Since the defendant makes only bottles devoid of surface ornamentation the district court concluded that it had not infringed the patent and entered a summary judgment dismissing the complaint. We have carefully examined- the record and are entirely satisfied that the conclusions of the district court were correct for the reasons well stated in the opinion filed by Judge Meaney. 122 F.Supp. 582.

The judgment of the district court will be affirmed.

George N. Mas and Frank M. Mas v. Owens-Illinois Glass Company, 222 F.2d 889, 105 U.S.P.Q. (BNA) 462, 1955 U.S. App. LEXIS 5430 (3d Cir. 1955).

Pincite

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Opinion

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