William T. Alvarado Sales Co. v. Rubaloff

263 F.2d 926, 120 U.S.P.Q. (BNA) 355
CourtCourt of Appeals for the Ninth Circuit
DecidedFebruary 6, 1959
DocketNo. 15855
StatusPublished
Cited by9 cases

This text of 263 F.2d 926 (William T. Alvarado Sales Co. v. Rubaloff) 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
William T. Alvarado Sales Co. v. Rubaloff, 263 F.2d 926, 120 U.S.P.Q. (BNA) 355 (9th Cir. 1959).

Opinion

HAMLEY, Circuit Judge.

This is a patent infringement suit between competing manufacturers and sellers of supermarket check stands. The trial court found and concluded that the patent is invalid because of the prior art and for lack of invention. Without reaching the question of infringement, therefore, the court entered judgments for the defendants. Plaintiffs appeal.

Plaintiff Spee-Dee Checkout Systems, Inc., is the owner of United States patent No. 2,599,909, issued June 10, 1952, to Will L. George. Plaintiff William T. Alvarado Sales Co. is the exclusive licensee of this patent in the state of California. Plaintiffs joined in bringing two patent infringement suits which were thereafter consolidated for trial and have been consolidated for appeal. In one suit Sidney S. Rubaloff and Abraham M. Gross, individually and as a partnership d. b. a. Check-A-Matic Co., were named defendants. In the other the defendant is Du-More Fixture Co., Inc.

The object of the patent, as stated therein, is to provide a stand for chocking out the items of a customer’s purchase in a grocery or other retail merchandising store. The stand is designed to speed up the operation of checking each item and to reduce the possibility of error in missing items or checking a single item twice.

The structure of the patented check stand is not complex. A rotatable receiving table is actuated by a concealed motor controlled by a switch operated by the checker. This turntable adjoins a discharge counter so that articles may be slid from the receiving table to the discharge counter. A support panel, constructed slightly above the quadrant of the turntable farthest from the customer and closest to the checker, provides a convenient place for the cash register. The left side of the support panel may also perform the additional function of acting as a stop for the articles being purchased. Provision is made for the installation of a separate stop bar on the receiving table if this is desired.1

The trial court found that each of the individual components of the claimed invention was well known in the prior art and was in public use or on public sale in the United States more than one year prior to the date of the application for the George patent.2 The court also held that the utilization of these old components in this patent made no substantial advancement or improvement over the prior art in efficiency, function, relationship, or interaction of the parts and components one to the other.3 It was on the basis of these findings and conclusions that the trial court determined that the patent is invalid.

[928]*928Appellants specify as error the trial court’s finding that each of the individual components of the claimed invention was well known in the prior art. Appellants assert that this finding is not based upon substantial evidence.

The only argument we find in the body of appellants’ brief in support of this specification is the observation that ap-pellees had to go out of the “check stand” art into the “remote art of industrial conveyors” to find a turntable. Appellants are here referring to the turntable which is used as part of a paper milk bottle packaging machine covered by the Price patent.

Appellants are not correct in asserting that the only prior use of a turntable relied upon by appellees is that described in the Price patent. Appellees also rely on the Florence patent, which teaches the use of a turntable in connection with the display of groceries for customer selection.

It is true, as appellants contend, that there is no disclosure in the prior art of a turntable having been used in a check stand. But the display of groceries for customer selection and the packaging of paper milk bottles are, along with check stands, part of the art of handling small articles. If a component of a device used in one field of this art is old, it is old in all fields of that art. A showing that such a component has been put to a new use may be relevant in determining whether there is a patentable combination of old components, but it does not tend to show that the component is not old.

There is substantial evidence to support the finding of fact that all components of the claimed invention are old in the prior art. The turntable component has already been discussed. The use of a register support, though not in the position and with all of the advantages shown in the George patent, is taught in the Bradley and Muse patents. Discharge tables are shown in the same prior patents and aside from these patents have long been in public use. Stops to hinder the movement of articles or to change the direction of movement are shown in the Bradley and Price patents.4

The finding of fact that each of the component parts of the device described in the George patent was well known in the prior art is not clearly erroneous.

In view of this finding it follows that the manner in which any single component of the George patent is utilized therein will not suffice to establish patentability. The taking over of devices from one field of use to another does not constitute invention, even though they be put to a new use. More than a new advantage of the old component must be discovered in order to claim invention. General Electric Co. v. Jewel Co., 326 U.S. 242, 249, 66 S.Ct. 81, 90 L. Ed. 43.

Therefore, if the George patent is valid, it must be for the reason that it [929]*929specifies an interrelation and coaction of old components sufficiently novel to meet the constitutional standard of invention.

The trial court, as we have noted, held that the patent in suit did not specify an interrelation and coaction of old components sufficiently novel to meet this test.5 Appellants challenge both the findings of fact and the conclusions of law upon which this determination is predicated.6

The trial court did not set out in its findings of fact a factual comparison between the functioning of the components as utilized in the George patent and their functioning elsewhere. We therefore summarize the significant evidence which, as appellants state, is not seriously controverted.

The turntable utilized in the George patent performs the function of mechanically moving the customer’s articles from the point where they are placed on the receiving table to a point within reach of the checker. In other check stands the articles after being placed on the receiving table are conveyed to the checker by means of U-shaped pull frames (Turnham and Bradley patents), counter buggies or rollers (Bradley patent), conveyor belts (Bradley and Muse patents), or by hand.

When a turntable is used to convey articles from the receiving stand to the checker, the arcuate movement of the turntable conveys the articles transversely away from the customer and towards the checker. This tends to bring the articles within easy reach and vision of the checker and his conveniently located cash register. It also operates to reduce the likelihood that articles will be inadvertently or fraudulently passed by without checking.

The prior art which comes closest to having the same advantages is the Bradley patent using a conveyor belt.

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Bluebook (online)
263 F.2d 926, 120 U.S.P.Q. (BNA) 355, Counsel Stack Legal Research, https://law.counselstack.com/opinion/william-t-alvarado-sales-co-v-rubaloff-ca9-1959.