Bobby W. Grayson v. Don McGowan and Melvin McGowan Dba McGowan Wireline Service, Defendants

Appellant sued for infringement of Patents Nos. 3,572,245(’245) and 3,618,612(’612). The district court granted summary judgment in favor of appellees, holding the patents invalid for obviousness pursuant to 35 U.S.C. § 103 . We conclude that the trial court’s grant of summary judgment was correct.

These patents pertain to the art of string shooting oil wells. The parties are in the oil field service business and compete in string shooting operations in oil wells.

Begun in the 1940’s, the process involves the detonation of an explosive cord attached to a metal cable after it has been lowered into the well. The shock waves caused by the explosion clear out the perforations in the oil well casing, increasing the well’s output.

Patent ’612 was issued to Grayson on March 14,1972 and patent ’245 was granted on March 23, 1971. Both Grayson patents contain basically the same disclosure. Divided into two parts by the Patent Office, # ’245 claims the apparatus of the invention whereas # ’612, based upon a divisional application from ’245, claims the method.

Prior to the commencement of this action, appellant successfully brought an infringement action against Ward W. Fisher on the same…