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HYCON MANUFACTURING COMPANY v. H. KOCH & SONS

No. 14046.

219 F.2d 353 (1955)

HYCON MANUFACTURING COMPANY, Appellant, v. H. KOCH & SONS, a partnership consisting of M. P. Koch, W. L. Koch, H. M. Koch and R. Koch Abel, Appellee.

United States Court of Appeals, Ninth Circuit.

January 31, 1955.

Attorney(s) appearing for the Case

Robert W. Fulwider, Los Angeles, Cal., Harry W. Brelsford, Santa Barbara, Cal., Edward E. Tuttle, Los Angeles, Cal., for appellant.

George B. White, San Francisco, Cal., Mason & Graham, Los Angeles, Cal., for appellee.

Before STEPHENS, FEE and CHAMBERS, Circuit Judges.

JAMES ALGER FEE, Circuit Judge.

This was an action for infringement of letters patent. The answer denied infringement and raised the questions of lack of invention, novelty, utility and anticipation by devices in the prior art. A declaratory judgment of invalidity of the patent was prayed also by defendants.

Both sides moved for summary judgment. The court granted motion for plaintiff, made findings of fact, conclusions...

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