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RAILEX CORPORATION v. JOSEPH GUSS & SONS, INC.

No. 20479.

382 F.2d 179 (1967)

RAILEX CORPORATION, Appellant, v. JOSEPH GUSS & SONS, INC., and G. A. Braun, Inc., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 13, 1967.

Attorney(s) appearing for the Case

Mr. John M. Calimafde, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, with whom Messrs. Donald L. Dennison and Paul H. Blaustein, New York City, were on the brief, for appellant.

Mr. Thomas Cifelli, Jr., Newark, N. J., with whom Mr. William E. Hedges, Newark, N. J., was on the brief, for appellees.

Before BAZELON, Chief Judge, FAHY and BURGER, Circuit Judges.

BURGER, Circuit Judge:

Appellant appeals the dismissal of its patent infringement action to which Appellees asserted a defense of invalidity based on obviousness and anticipation. 35 U.S.C. §§ 102-03 (1964). The District Court found that claims 5 to 8 of the patented subject matter were anticipated by the real party defendant's1 prior art device, and that while claims 1 to 4 of the patented subject matter were infringed by the...

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