Clifford A. Schroeder, an Individual v. Owens-Corning Fiberglas Corporation, a Corporation

In this action for infringement of patent No. 3,216,459 (hereinafter the ’459 patent), the district judge entered summary judgment for the defendant, hold ing the patent invalid under 35 U.S.C. §§ 102 (b) and 103. The judgment of invalidity was based on several grounds: obviousness in view of an earlier Edwards patent, No. 2,980,144, obviousness in view of a trade brochure of Flexible Tubing Corporation, and because of anticipation under both. On appeal by the holders of patent ’459, we reverse.

The subject matter of the ’459 patent is a flexible insulated duct for air conditioning and heating systems. Appellants Schroeder and Clark were the inventors. The patent was issued in November 1965 and certain patent rights were sold to Pittsburgh Plate Glass, Inc. (PPG), with the inventors retaining a limited license to manufacture and sell the product in California through their corporation, Glass Insulation Company (GIC). The two corporations join the inventors in this appeal.

Our key issue here is whether or not. there is a genuine issue as to any material fact surrounding the dispute over patent ’459, so as to render inappropriate the granting of summary judgment.

The…