CARBORUNDUM COMPANY v. WILBANKS, INC.

No. 23545.

420 F.2d 43 (1969)

The CARBORUNDUM COMPANY, Plaintiff-Appellant, v. WILBANKS, INC., Defendant-Appellee.

United States Court of Appeals Ninth Circuit.

December 23, 1969.


Attorney(s) appearing for the Case

William H. Webb (argued), of Webb, Burden, Robinson & Webb, Pittsburgh, Pa., Fredric A. Yerke, Jr., of King, Miller, Anderson, Nash & Yerke, Portland, Or., for appellant.

James Campbell, Jr. (argued), of Buckhorn, Blore, Klarquist & Sparkman, Portland, Or., for appellee.

Before BARNES, ELY and HUFSTEDLER, Circuit Judges.


BARNES, Circuit Judge:

This appeal concerns the validity of United States patent No. 3,067,816, which relates to a process for the production of ceramic suction box covers used in papermaking machines. Plaintiff-appellant, The Carborundum Company (Carborundum) sued defendant-appellee, Wilbanks, Inc. (Wilbanks) for patent infringement, injunctive relief and damages. Wilbanks denied infringement on the grounds that the patent in suit was invalid under 35 U.S.C. §...

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