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AMERLINE CORPORATION v. COSMO PLASTICS COMPANY

Nos. 16449, 16863.

407 F.2d 666 (1969)

AMERLINE CORPORATION and Honeywell, Inc., Plaintiffs-Appellants, v. COSMO PLASTICS COMPANY, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

March 3, 1969.

Attorney(s) appearing for the Case

George B. Newitt, James v. Callaghan, Chicago, Ill., for Amerline Corp.

Walter E. Wyss, Chicago, Ill., John F. Pearne, Cleveland, Ohio, for Cosmo Plastics. McNenny, Farrington, Pearne & Gordon, Cleveland, Ohio, Mason, Kolehmainen, Rathburn & Wyss, Chicago, Ill., of counsel.

Before KNOCH, Senior Circuit Judge, KILEY and FAIRCHILD, Circuit Judges.

KILEY, Circuit Judge.

The district court dismissed the infringement suit of plaintiffs Amerline Corporation and Honeywell Inc. on the ground that the subject matters were obvious, and therefore the patents were held invalid under 35 U.S.C. § 103. The court however denied defendant Cosmo Plastics Company attorneys' fees. Plaintiff Amerline has appealed, and Cosmo has cross-appealed. We affirm.

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