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HUGHES TOOL CO. v. INGERSOLL-RAND CO.

No. 28704.

437 F.2d 1106 (1971)

HUGHES TOOL COMPANY, Plaintiff-Appellant, v. INGERSOLL-RAND COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied March 17, 1971.

Attorney(s) appearing for the Case

Paul E. Harris and Andrews, Kurth, Campbell & Jones, Houston, Tex., for appellant.

Jefferson D. Giller, Houston, Tex., John M. Calimafde, New York City, Sandoe, Hopgood & Calimafde, New York City, Fulbright, Crooker, Freeman, Bates & Jaworski, Houston, Tex., Carl R. Horten, Princeton, N. J., of counsel, for appellee.

Before GODBOLD, SIMPSON and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

Hughes Tool sued Ingersoll-Rand charging infringement of Claims 3 and 7 of plaintiff's United States patent, which is Kelly, No. 3,185,228, directed to a bit for use in percussion drilling.1 The District Court found that Ingersoll-Rand had infringed as charged but also held the Kelly patent invalid for anticipation under 35 U.S.C. § 102 and for obviousness under 35...

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