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ERICKSON TOOL COMPANY v. BALAS COLLET COMPANY

No. 18217.

404 F.2d 35 (1968)

ERICKSON TOOL COMPANY, Plaintiff-Appellant, v. BALAS COLLET COMPANY, Defendant-Appellee.

United States Court of Appeals Sixth Circuit.

December 6, 1968.

Attorney(s) appearing for the Case

John Kennedy Lynch, Cleveland Ohio, for appellant, Walter Maky, Cleveland, Ohio, on brief.

Frederick M. Bosworth, Cleveland, Ohio, for appellee, Paul S. Sessions, Frank Henry, Bosworth, Sessions, Herrstrom & Cain, Cleveland, Ohio, on brief.

Before O'SULLIVAN, PHILLIPS and EDWARDS, Circuit Judges.

PHILLIPS, Circuit Judge.

Plaintiff-appellant (Erickson) is the owner of U. S. Patent No. 3,035,845, granted May 22, 1962, known as the Benjamin patent. This action was filed against defendant-appellee (Balas) for infringement of Claim 3 of this patent. Balas denied infringement and filed a counterclaim for declaratory judgment of invalidity and non-infringement. District Judge Girard E. Kalbfleisch held that Claim 3 of the Benjamin patent is invalid for obviousness...

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