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UNITED TANKS, INC. v. SEARS ROEBUCK & CO.

No. 23093.

425 F.2d 270 (1970)

UNITED TANKS, INC., and Bell-Toptex, Inc., Appellants, v. SEARS ROEBUCK & CO. et al., Appellees.

United States Court of Appeals, Ninth Circuit.

April 29, 1970.

Attorney(s) appearing for the Case

Richard D. Dear (argued), of Musick, Peeler & Garrett, Los Angeles, Cal., for appellants.

Bernard J. Cantor (argued), of Cullen, Sloman & Cantor, Detroit, Mich., William Poms, of Miketta, Glenny, Poms & Smith, Los Angeles, Cal., for appellees.

Before CARTER and HUFSTEDLER, Circuit Judges, and VON DER HEYDT, District Judge.

PER CURIAM:

Appellants, assignees of a patent, appeal from a judgment denying them relief on their infringement complaint and invalidating the patent.

The claims-in-suit relate to the use of a lining for a flyer's crash helmet. The teaching of the patent is that the lining should be made from an energy-absorbing, crushable, nonresilient material within a hard outer shell, because such nonresilient materials are better than resilient materials for absorbing...

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