Richard H. Fish and Evalyn Preston v. Air-O-Fan Products Corporation, a Corporation, Air-O-Fan Products Corporation, a Corporation v. Richard H. Fish and Evalyn Preston

285 F.2d 208 128 U.S.P.Q. 4 Richard H. FISH and Evalyn Preston, Appellants, v. AIR-O-FAN PRODUCTS CORPORATION, a Corporation, Appellee. AIR-O-FAN PRODUCTS CORPORATION, a Corporation, Appellant, v. Richard H. FISH and Evalyn Preston, Appellees. No. 16793. United States Court of Appeals Ninth Circuit. Dec. 6, 1960. Naylor & Neal, James M. Naylor, Frank A. Neal, San Francisco, Cal., for appellants. Huebner & Worrel, Richard M. Worrel, Chalmers Lones, Fresno, Cal., Carl Hoppe, San Francisco, Cal., for appellee. Before BARNES, JERTBERG and MERRILL, Circuit Judges. BARNES, Circuit Judge. 1 Richard H. Fish and Evalyn Preston brought suit in the district court for infringement of a patent issued to Fish on September 4, 1956, No. 2,761,731, cobering an agricultural spraying machine. Evalyn Preston is the assignee of a one-half interest in and to the invention and patent. Jurisdiction below rested on 35 U.S.C. 281 and 28 U.S.C. 1338. This court has jurisdiction of the appeal. 28 U.S.C. 1291. 2 On October 1, 1958, Richard H. Fish was hired as a worker by Air-O-Fan (originally known as Robinson Fan Co.), a corporation manufacturing machinery, located in Gilroy, California. After a few…