Norwood v. Ehrenreich Photo-Optical Industries

529 F.2d 3 189 U.S.P.Q. 196 Donald W. NORWOOD, an individual, Plaintiff-Appellant, v. EHRENREICH PHOTO-OPTICAL INDUSTRIES, INC., a corporation, and EhrenreichPhoto-Optical Industries West, Inc., a corporation, Defendants-Appellees. No. 71--1835. United States Court of Appeals, Ninth Circuit. Dec. 3, 1975. D. Bruce Prout (argued), of Christie, Parker & Hale, Pasadena, Cal., for plaintiff-appellant. Joseph M. Fitzpatrick (argued), of Fitzpatrick, Cella, Harper & Scinto, New York City, for defendants-appellees. OPINION Before KOELSCH, KILKENNY and WALLACE, Circuit Judges. KOELSCH, Circuit Judge: 1 The matter is here on the appeal of Donald W. Norwood, plaintiff below, from a judgment holding claims 1 through 4, 6, 7 and 9 of his U.S. Patent No. 3,304,435 (the '435' patent) invalid and not infringed by defendants' accused device. 322 F.Supp. 898 (C.D.Cal.1970). We conclude that the trial court's decision was correct on both grounds. 2 The '435' patent was granted plaintiff on February 14, 1967, pursuant to an application filed July 18, 1963. It covers a 'photometric device having greater response to a preferential central portion of a scene.' In common parlance, the device is…