Paul L. Dodds Company, a Corporation v. Harry Liss & Associates, Inc., Harry Liss & Associates, Inc., Cross-Appellants v. Paul L. Dodds Company, Cross-Appellee

383 F.2d 196 155 U.S.P.Q. 308 PAUL L. DODDS COMPANY, a corporation, Appellant, v. HARRY LISS & ASSOCIATES, INC., et al., Appellees. HARRY LISS & ASSOCIATES, INC., et al., Cross-Appellants, v. PAUL L. DODDS COMPANY, Cross-Appellee. Nos. 21360, 21360A. United States Court of Appeals Ninth Circuit. Oct. 2, 1967. Jack E. Hursh, Mellin, Hanscom & Hursh, San Francisco, Cal., for appellant and cross-appellee. Robert D. Hornbaker, Mahoney, Halbert & Hornbaker, Santa Monica, Cal., for appellee and cross-appellant. Before BROWNING and ELY, Circuit Judges, and BELLONI, District Judge. PER CURIAM: 1 The district court held that claim 5 of Dodds Patent No. 3,003,730 was valid, but that it was not infringed by the Liss device. Both sides have appealed. 2 Claim 5 of the Dodds patent discloses a cantilever counter stool used in restaurants and like installations. All elements of the patented device are found in Dodds 2400 Cantilever Stool (an unpatented stool admittedly in the public domain when the patent in suit was applied for), except that the patented stool is made adjustable by telescoping the seat support tube into a separate base support tube and inserting a locking…