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PIERCE v. MUEHLEISEN

No. 14184.

226 F.2d 200 (1955)

Harold Ladd PIERCE, Appellant, v. Herman MUEHLEISEN and Muehleisen Perlite Processing, Inc., Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied November 3, 1955.

Attorney(s) appearing for the Case

Jamieson & Gabriel, Los Angeles, Cal., C. Julian Goodell, San Francisco, Cal., Albert L. Gabriel, Hamer H. Jamieson, Los Angeles, Cal., for appellant.

Robert M. McManigal, Los Angeles, Cal., Burns, Doane, Benedict & Irons, Wayne L. Benedict, James P. Burns, Washington, D. C., for appellees.

Before DENMAN, Chief Judge, and STEPHENS and ORR, Circuit Judges.

ORR, Circuit Judge.

Appellees filed an action in the trial court seeking a judgment declaring United States patent No. 2,501,962 (hereafter referred to as the Pierce patent) invalid. After trial duly had the trial court held the said patent invalid on several grounds, among which is non-invention. We think the finding as to non-invention is correct and the judgment should be affirmed on that ground.

The Pierce patent...

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