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WESTINGHOUSE ELEC. CORP. v. TITANIUM METALS CORP. OF AM.

No. 25145.

454 F.2d 515 (1971)

WESTINGHOUSE ELECTRIC CORPORATION, Appellant, v. TITANIUM METALS CORP. OF AMERICA, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 14, 1972.

Attorney(s) appearing for the Case

Harold J. Birch (argued), Edward F. McKie, Jr., of Birch, Swindler, McKie & Beckett, Washington, D. C., W. Bruce Beckley, of Singleton, Beckley, DeLanoy, Jemison & Reid, Las Vegas, Nev., Fred Shapoe, Patent Counsel, of Westinghouse Electric Corp., Pittsburgh, Pa., for appellant.

Raymond J. McElhannon (argued), of Cooper, Dunham, Henninger & Clark, New York City, Francis N. Marshall, of Pillsbury, Madison & Sutro, San Francisco, Cal., Herbert M. Jones, Las Vegas, Nev., for appellee.

Before CHAMBERS, HAMLEY and CHOY, Circuit Judges.

HAMLEY, Circuit Judge:

Westinghouse Electric Corporation brought this patent infringement action against Titanium Metals Corp. of America, for infringement of U. S. Patent 3,072,982. The district court held that Titanium had infringed the patent, but rendered judgment for Titanium on the ground that the patent is invalid for obviousness, under 35 U.S.C. § 103. Westinghouse appeals. We affirm.

The patent pertains to a step in the process for transforming...

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