Volvo, Inc. v. Cummings & Sander, Inc.

Appellant brought an action against appellee for infringement of its patent 2,710,649 [GRISWOLD] — “Combination Shoulder and Lap Safety Belts.” The district court held that the patent in suit was invalid under 35 U.S.C. § 103 as to claims 1, 2, 3, 4, 5, 7 and 8, contained therein, because “the differences between the subject matter of such claims and the prior art are such that the subject matter as a whole of such claims would have been obvious to a person having ordinary skill in the art prior to February 19, 1951, the date of filing of the application of the patent in suit.” The court further held that, even if the patent were valid, it was not infringed by appellee’s “Lifeline,” “Chrysler,” or “Police” model belts. The court did find, however, that appellee’s “Tulareloft 500” model belt would infringe the patent in suit if the claims were valid.

Appellant appeals from the court’s holding that claims 1, 2, 3, 4, 5, 7 and 8 of its patent are invalid. It pursues its infringement charges only against appellee’s “Tulareloft” model. We affirm the district court.

Discussion

Appellant asserted at the trial, and the trial court agreed, that claims 2, 3, 4, 5, 7 and 8 are subsidiary…