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PIEL MANUFACTURING COMPANY v. GEORGE A. ROLFES CO.

No. 18037.

363 F.2d 57 (1966)

PIEL MANUFACTURING COMPANY, Incorporated, and Alfred J. Piel, Appellants, v. GEORGE A. ROLFES CO., and Rolfes Manufacturing Co., Appellees.

United States Court of Appeals Eighth Circuit.

June 23, 1966.

Attorney(s) appearing for the Case

Donald H. Zarley, of Dick, Zarley, McKee & Thomte, Des Moines, Iowa, for appellants. M. Talbert Dick, Bruce W. McKee and Dennis L. Thomte, of Dick, Zarley, McKee & Thomte, Des Moines, Iowa, were with him on the brief.

Theodore R. Scott, of McDougall, Hersh & Scott, Chicago, Ill., for appellees. James P. Ryther, of McDougall, Hersh & Scott, Chicago, Ill., and A. Arthur Davis, of Brody, Parker, Roberts, Thoma & Harris, Des Moines, Iowa, were with him on the brief.

Before MATTHES and GIBSON, Circuit Judges, and LARSON, District Judge.

LARSON, District Judge.

The plaintiffs seek review of an Order holding invalid certain claims of two patents issued to plaintiff Alfred J. Piel who subsequently granted licenses for their use to plaintiff Piel Manufacturing Company, Incorporated. The patents in suit are U.S. No. 2,794,422 (the "422 patent") issued on June 4, 1957, and U.S. No. 2,813,510 (the "510 patent") issued on November 19, 1957.

The District Court held that neither patent represented...

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