SUPER MOLD CORPORATION v. CLAPP'S EQUIPMENT DIVISION, INC.

Nos. 21752, 21752A.

397 F.2d 932 (1968)

SUPER MOLD CORPORATION, Appellant, v. CLAPP'S EQUIPMENT DIVISION, INC., Appellee. CLAPP'S EQUIPMENT DIVISION, INC., Appellant, v. SUPER MOLD CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 11, 1968.


Attorney(s) appearing for the Case

Francis A. Utecht (argued), of Fulwider, Patton, Reiber, Lee & Utecht, Long Beach, Cal., for appellant.

Andrew J. Belansky (argued), John F. Powell of Christie, Parker & Hale, Pasadena, Cal., for appellee.

Before HAMLEY, KOELSCH, and ELY, Circuit Judges.


ELY, Circuit Judge:

Appellant Super Mold Corporation filed a complaint in the District Court alleging infringement by appellee Clapp's Equipment Division of a patent owned by Super Mold. Clapp's moved for a separate trial on the issue of whether the patented device had been placed in public use or put on sale in this country more than one year prior to the date of the application for the patent, so that the patent would be invalid under 35 U.S.C. § 102(b).

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