Gunter & Cooke, Inc. v. Southern Electric Service Co., Inc.

Fourth Circuit

Gunter & Cooke, Inc. v. Southern Electric Service Co., Inc.

378 F.2d 60, 153 U.S.P.Q. (BNA) 655, 1967 U.S. App. LEXIS 6246

CourtCourt of Appeals for the Fourth Circuit

DecidedMay 24, 1967

Docket10967_1

StatusPublished

Cited by11 cases

This text of 378 F.2d 60 (Gunter & Cooke, Inc. v. Southern Electric Service Co., Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gunter & Cooke, Inc. v. Southern Electric Service Co., Inc., 378 F.2d 60, 153 U.S.P.Q. (BNA) 655, 1967 U.S. App. LEXIS 6246 (4th Cir. 1967).

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Opinion

PER CURIAM:

This case involves Patent No. 3,006,-035, relating to a drive for textile carding machines, issued October 31, 1961, to Josef K. Gunter and now owned by Gunter & Cooke, Inc., plaintiff below, appellant here. All claims of the patent were held to be invalid but, assuming validity, the court further held that the defendant was guilty of infringement.

In a well-considered opinion 1 the district court found and determined that drives incorporating the principles of the *61 drive described in the patent in suit were in public use in regular commercial operation and had been described in printed publications more than one year prior to the date of the patent application, 35 U.S.C.A. § 102(b); that the patent specification failed to meet the statutory requirement of particularity and distinctness, 35 U.S.C.A. § 112; and, that the subject matter of the patent did not rise to the level of invention.

We find no error in the decision below and affirm for the reasons stated by the district court.

Affirmed.

1

. Gunter & Cooke, Inc. v. Southern Electric Service Co., 256 F.Supp. 639 (D.C.M.D.N.C. 1966).

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PER CURIAM:

This case involves Patent No. 3,006,-035, relating to a drive for textile carding machines, issued October 31, 1961, to Josef K. Gunter and now owned by Gunter & Cooke, Inc., plaintiff below, appellant here. All claims of the patent were held to be invalid but, assuming validity, the court further held that the defendant was guilty of infringement.

In a well-considered opinion 1 the district court found and determined that drives incorporating the principles of the *61 drive described in the patent in suit were in public use in regular commercial operation and had been described in printed publications more than one year prior to the date of the patent application, 35 U.S.C.A. § 102(b); that the patent specification failed to meet the statutory requirement of particularity and distinctness, 35 U.S.C.A. § 112; and, that the subject matter of the patent did not rise to the level of invention.

We find no error in the decision below and affirm for the reasons stated by the district court.

Affirmed.

1

. Gunter & Cooke, Inc. v. Southern Electric Service Co., 256 F.Supp. 639 (D.C.M.D.N.C. 1966).

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378 F.2d 60, 153 U.S.P.Q. (BNA) 655, 1967 U.S. App. LEXIS 6246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunter-cooke-inc-v-southern-electric-service-co-inc-ca4-1967.

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