Rankin v. King

272 F.2d 254 123 U.S.P.Q. 397 Margaret E. RANKIN, O. B. Distributors, and Cedar Falls Drapery Co., Inc., Appellants, v. Edward S. KING and Joan V. King, individually and as co-partners d/b/a King Custom Interiors, Doe One, Doe Two, and American Beauti Pleat, Inc., Appellees. No. 16386. United States Court of Appeals Ninth Circuit. Nov. 12, 1959. William Douglas Sellers, Pasadena, Cal., William Van Sciver, Chicago, Ill., for appellants. Thomas P. Mahoney, Los Angeles, Cal., for appellees. Before BARNES, HAMLEY and JERTBERG, Circuit Judges. BARNES, Circuit Judge. 1 This is an appeal from a decision granting appellees' motion for summary judgment, holding the patent in suit invalid and dismissing the complaint. The district court had jurisdiction under 28 U.S.C. 1338, and this Court has jurisdiction on appeal. 28 U.S.C. 1291. 2 Appellants charge eight specifications of error which they state may be reduced to two questions: 3 I. Was there any material issue of fact involved in the motion? 4 II. Can the court disregard affidavits filed for and against the motion and decide the claims of the patent are invalid over prior art as a matter of law without rendering an opinion and without…