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HENDERSON v. A.C. SPARK PLUG DIV. OF GENERAL MOTORS CORP.

Nos. 20740, 20741.

366 F.2d 389 (1966)

R. A. HENDERSON, Appellant, v. A.C. SPARK PLUG DIVISION OF GENERAL MOTORS CORPORATION, Appellee. R. A. HENDERSON, Appellant, v. FORD MOTOR COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

September 22, 1966.

Attorney(s) appearing for the Case

Tom Sherrard, San Diego, Cal., for appellant.

Francis A. Utecht, Fulwider, Patton, Rieber, Lee & Utecht, Los Angeles, Cal., for appellee Ford Motor Co.

Richard E. Lyon, Lyon & Lyon, Los Angeles, Cal., J. L. Carpenter, Detroit, Mich., for appellee A.C. Spark etc.

Before BARNES, JOHNSEN and HAMLEY, Circuit Judges.

BARNES, Circuit Judge:

Before us are two in forma pauperis appeals from summary judgments entered in the district court dismissing with prejudice two amended complaints of plaintiff alleging patent infringement by each of two defendants of plaintiff's U. S. Patent No. 3,088,447, entitled "Control for Automotive Exhaust Air Pollution".

While there is much in the briefs about infringement and patentability, there are but two issues before us: (1) Was Claim 6...

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