228 F2d 102 Up-Right v. Patent Scaffolding Co

228 F.2d 102

108 U.S.P.Q. 24

UP-RIGHT, Inc., a corporation, and Wallace J. S. Johnson, Appellants,

v.

PATENT SCAFFOLDING CO., Inc., a corporation, Appellee.

No. 14617.

United States Court of Appeals Ninth Circuit.

Dec. 2, 1955.

Mellin, Hanscom & Hursh, Oscar A. Mellin, Leroy Hanscom, Jack E. Hursh, San Francisco, Cal., for appellants.

Bronson, Bronson & McKinnon, J. E. Trabucco, E. D. Bronson, San Francisco, Cal., C. P. Goepel, New York City, for appellee.

Before DENMAN, Chief Judge, and HEALY and LEMMON, Circuit Judges.

PER CURIAM.

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1

Up-Right, Inc. and Johnson appeal from a judgment of the district court denying appellants' recovery for patent infringement on the ground that their patent is invalid. The question presented is whether appellants' patented adjustable scaffold leg is a 'combination' of old elements which produces a new function and results, or only an 'aggregation' of old elements each performing its well known function.

2

The judgment is affirmed on the grounds stated in District Judge Goodman's memorandum decision, findings of fact and conclusions of law reported in 135 F.Supp. 813.