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

Ninth Circuit

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

559 F.2d 566, 200 U.S.P.Q. (BNA) 20

CourtCourt of Appeals for the Ninth Circuit

DecidedAugust 23, 1977

Docket76-3055

StatusPublished

This text of 559 F.2d 566 (Roy L. English v. North Pacific Products, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roy L. English v. North Pacific Products, Inc., 559 F.2d 566, 200 U.S.P.Q. (BNA) 20 (9th Cir. 1977).

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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.

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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.

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Bluebook (online)

559 F.2d 566, 200 U.S.P.Q. (BNA) 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roy-l-english-v-north-pacific-products-inc-ca9-1977.