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ENGELHARD INDUSTRIES, INC. v. RESEARCH INSTRUMENTAL CORP.

No. 17848.

324 F.2d 347 (1963)

ENGELHARD INDUSTRIES, INC., Appellant, v. RESEARCH INSTRUMENTAL CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 23, 1963.

Attorney(s) appearing for the Case

James E. Bryan, Washington, D. C., and Elliott & Pastoriza, and William J. Elliott, Santa Monica, Cal., for appellant.

Kendrick & Stolzy, and Elwood S. Kendrick, Los Angeles, Cal., for appellees.

Before HAMLEY and KOELSCH, Circuit Judges, and MacBRIDE, District Judge.

KOELSCH, Circuit Judge.

By its complaint, Engelhard Industries, Inc. (Engelhard) charged Research Instrumental Corp. (Research) with infringement of U. S. Letters Patent No. 2,805,191, and with unfair competition. The patent was issued on September 3, 1957 to Engelhard's assignor Hersch and is entitled "Oxygen Analysis of Gases." In the complaint Engelhard alleged that Research had infringed "the patent" by manufacturing and selling oxygen analyzers that embodied...

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