Hudson Foam Plastics Corporation v. David L. Ladd, Commissioner of Patents

D.C. Circuit

Hudson Foam Plastics Corporation v. David L. Ladd, Commissioner of Patents

329 F.2d 891, 140 U.S.P.Q. (BNA) 408, 117 U.S. App. D.C. 323, 1964 U.S. App. LEXIS 6407

CourtCourt of Appeals for the D.C. Circuit

DecidedFebruary 13, 1964

Docket18074

StatusPublished

This text of 329 F.2d 891 (Hudson Foam Plastics Corporation v. David L. Ladd, Commissioner of Patents) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hudson Foam Plastics Corporation v. David L. Ladd, Commissioner of Patents, 329 F.2d 891, 140 U.S.P.Q. (BNA) 408, 117 U.S. App. D.C. 323, 1964 U.S. App. LEXIS 6407 (D.C. Cir. 1964).

Pincite

Opinion

PER CURIAM.

This suit was brought under 35 U.S.C. § 145, seeking authorization of the issuance of a patent on Claim 28 of plaintiff-appellant’s application, Serial No. 441,-984, entitled “Foamed Polyester Resin Laminated Products.” Claim 28, as summarized in plaintiff-appellant’s brief, covers a process “whereby such articles as soft, resilient seat cushions, arm rests and the like, comprising a resilient foam body and a flexible outer skin cover to which the body is directly bonded without an intermediate adhesive, can be produced entirely within a mold.” After a trial de novo, the District Court decided in favor of the defendant-appellee Commissioner of Patents, relying chiefly on the disclosures contained in Patent No. 2,639,252, issued to Simon and others on May 19, 1953. The court concluded:

“For the reason that the evidence shows that the process set out in claim 28 is old, and the only difference is that it recites analogous materials which are clearly shown to have been known to the art when the application was filed, it is clear that the use of such materials in the method of Simon et al. would be obvious to one skilled in the art.”

We find no error affecting substantial rights. Compare Zenith Radio Corp. v. Ladd, 114 U.S.App.D.C. 54, 310 F.2d 859 (1962). The judgment of the District. Court, dismissing the complaint, will accordingly be

Affirmed.

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PER CURIAM.

This suit was brought under 35 U.S.C. § 145, seeking authorization of the issuance of a patent on Claim 28 of plaintiff-appellant’s application, Serial No. 441,-984, entitled “Foamed Polyester Resin Laminated Products.” Claim 28, as summarized in plaintiff-appellant’s brief, covers a process “whereby such articles as soft, resilient seat cushions, arm rests and the like, comprising a resilient foam body and a flexible outer skin cover to which the body is directly bonded without an intermediate adhesive, can be produced entirely within a mold.” After a trial de novo, the District Court decided in favor of the defendant-appellee Commissioner of Patents, relying chiefly on the disclosures contained in Patent No. 2,639,252, issued to Simon and others on May 19, 1953. The court concluded:

“For the reason that the evidence shows that the process set out in claim 28 is old, and the only difference is that it recites analogous materials which are clearly shown to have been known to the art when the application was filed, it is clear that the use of such materials in the method of Simon et al. would be obvious to one skilled in the art.”

We find no error affecting substantial rights. Compare Zenith Radio Corp. v. Ladd, 114 U.S.App.D.C. 54, 310 F.2d 859 (1962). The judgment of the District. Court, dismissing the complaint, will accordingly be

Affirmed.

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Bluebook (online)

329 F.2d 891, 140 U.S.P.Q. (BNA) 408, 117 U.S. App. D.C. 323, 1964 U.S. App. LEXIS 6407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hudson-foam-plastics-corporation-v-david-l-ladd-commissioner-of-patents-cadc-1964.

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