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Patent Law Keyed to Adelman
Great A. & P. Tea Co. v. Supermarket Equipment Corp.
Facts
The device patented by Plaintiff equipped cashiers' counters with a three-sided frame that moved the groceries along to the cashier by being pushed or pulled when the customer put their groceries within it. The district court denied Defendant's claim that the device was obvious and therefore could not be the subject of a patent, must less an infringement suit. The court found it was an original feature, and consisted of a new and useful combination of a counter with an extension to receive the items that were placed upon a bottomless self-unloading tray. The judgment was upheld by the court of appeals regarding the finding of the district court as to obviousness as one of fact and not clearly incorrect.
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