The opinion of the court was delivered by: JACKSON
This cause came on for trial December 9, 1963. The Court, after reviewing the evidence and arguments presented by both parties, ruled in favor of the defendant.
Pursuant to Rule 52(a), Federal Rules of Civil Procedure, the Court renders the following Findings of Fact and Conclusions of law:
1. Plaintiff brought this action under 35 U.S.C. 145, seeking a judgment from this Court authorizing the Commissioner of Patents to grant a patent to him containing claims 1 to 13, and 15 to 17, inclusive, of his application for patent Serial No. 719,044, filed March 4, 1958, entitled 'Handled Cup and Method of Making Same.'
3. Claims 1 to 13 call for the product, whereas claims 15 to 17 recite the method of manufacture. Claims 1 and 15 are illustrative, and read as follows:
1. As an article of manufacture, an article of dishware comprising a body of ceramic material and a separately formed appendage secured thereto, a pad of cured elastomeric material interposed between and secured to adjacent surfaces of said body and appendage, said pad being of sufficient thickness to permit limited relative motion of said appendage with respect to said body.
15. The process of handling a ceramic cup comprising the steps of forming, firing, and glazing a cup body of ceramic clay, forming a separate handle portion, joining said handle portion with a sufficient thickness of uncured elastomeric material to permit limited relative movement of said handle with respect to said body, and then curing said elastomeric material.
4. The previously known subject matter relied upon by the Patent Office in denying plaintiff's application were the following United States Patents:
Weckerle 1,742,625 Jan. 7, 1930
Klayf 2,099,741 Nov. 23, 1937
Watkins 2,618,959 Nov. 25, 1952
Somerville 2,909,204 Oct. 20, 1959
(filed Oct. 23, 1953)
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