Stearns v. Tinker & Rasor

220 F.2d 49 104 U.S.P.Q. 234 Dick E. STEARNS and The D. E. Stearns Company, a partnership composed of Dick E. Stearns and Ellen Belson Stearns, Appellants, v. TINKER & RASOR, a corporation; John Patrick Rasor and Leo H. Tinker, Appellees. No. 13634. United States Court of Appeals, Ninth Circuit. Feb. 7, 1955. Petition for Modification of Opinion and Rehearing Denied March 24, 1955. H. Calvin White, William P. Green, Los Angeles, Cal., Ralph R. Browning, James B. Simms, Houston, Tex., for appellants. John H. Saunders, Los Angeles, Cal., Edward B. Gregg, Henry Gifford Hardy, San Francisco, Cal., for appellees. Before STEPHENS and CHAMBERS, Circuit Judges, and WALSH, District judge. WALSH, District Judge. Appellants sued appellees in the United States Court, Southern District of California, Central Division, charging by their Second Amended Complaint that appellees had infringed claims 1 and 7 of United States Letters Patent No. 2,332,182 1 (hereinafter 'the Stearns patent'), and praying for an injunction, an accounting, and damages. Appellees, by answer, raised the defenses that: the claims in suit were invalid for want of invention and because they do not particularly point out…