EXER-GENIE, INC. v. McDONALD

No. 25229.

453 F.2d 132 (1971)

EXER-GENIE, INC., and E. E. Holkesvick, Plaintiffs-Appellees, v. Alexander G. McDONALD and Buddy Systems, Inc., Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

As Modified On Denial of Rehearing November 18, 1971.

Certiorari Denied April 17, 1972.


Attorney(s) appearing for the Case

V. J. McAlpin (argued), Covina, Cal., for appellants.

Charles E. Wills (argued), of Nilsson, Robbins, Wills & Berliner, Los Angeles, Cal., for appellees.

Before BROWNING, ELY, and CARTER, Circuit Judges.


Certiorari Denied April 17, 1972. See 92 S.Ct. 1498.

BROWNING, Circuit Judge:

This is an appeal from a decision of the district court holding claims 8, 9, and 10 of plaintiffs' Patent No. 3,197,204 valid and infringed. We conclude that these claims of the patent are invalid, and reverse.

I

The patented device, as defined by the claims in suit, consists of (1) a shaft with a hub at each end and two passageways in each hub; (2) a length of...

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