SMITH ET AL.

v.

O'DWYER, MAYOR, ET AL.

Citator

Cited By

• Kemart Corp. v. Printing Arts Research Labs., Inc., 201 F.2d 624 (9th Cir. 1953)
  …5, 186, certiorari denied 293 U.S. 573, 55 S.Ct. 84, 79 L.Ed. 671; Wire Tie Mach. Co. v. Pacific Box Corp., 9 Cir., 102 F. 2d 543, 552, affirmed on rehearing, 9 Cir., 107 F. 2d 54; Gomez v. Granat Bros., 9 Cir., 177 F. 2d 266, 269, certiorari denied 338 U.S. 937, 70 S.Ct. 351, 94 L.Ed. 578. . This process is covered by Letters Patent No. 2,395,986 issued to Burtt L. Berry on March 5, 1946. It is interesting to note that the Marx Patent here in question was cited in the Patent Office proceedings on the Berr…
• Wham-O-Mfg. Co. v. Paradise Mfg. Co., 327 F.2d 748 (9th Cir. 1964)
  …nics Inc., 298 F. 2d 82 (9th Cir. 1962)] was “upset” because the patent examiner had failed to consider the latest pertinent prior art during the prosecution of the patent application. Gomez v. Granat Bros., 177 F. 2d 266 (9th Cir. 1949), cert. den. 338 U.S. 937, 70 S.Ct. 351, 94 L.Ed. 578 (1950). We disagree. It appears that the Carrier patent did not list as references any patents which disclosed an irrigating means like the one comprising an element of the claimed combinations, but the defendant in suppo…
• Robert W. Brown & Co., Inc. v. Leonard de Bell (substituted for United States License Frame Mfg. Co.), 243 F.2d 200 (9th Cir. 1957)
  …, contend that other license frame designs, some patented and some not, were not considered by the patent office. In this connection, appellants call attention to our statement in Gomez v. Granat Bros., 9 Cir., 177 F. 2d 266, 268, certiorari denied, 338 U.S. 937, 70 S.Ct. 351, 94 L.Ed. 578, that the presumption of prima facie validity of a patent is greatly weakened, if not destroyed, when pertinent prior art is not considered by the patent office. The trial court carefully considered this additional .evid…