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ERIE TECHNOLOGICAL PROD., INC. v. DIE CRAFT METAL PROD., INC.

No. 18615.

461 F.2d 5 (1972)

ERIE TECHNOLOGICAL PRODUCTS, INC., Plaintiff-Appellant, v. DIE CRAFT METAL PRODUCTS, INC., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied June 23, 1972.

Attorney(s) appearing for the Case

Ralph Hammar, Erie, Pa., George E. Bullwinkel, Chicago, Ill., for plaintiff-appellant.

Keith J. Kulie, Chicago, Ill., for defendant-appellee.

Before FAIRCHILD and PELL, Circuit Judges, and GORDON, District Judge.

FAIRCHILD, Circuit Judge.

Appeal from a judgment of the district court deciding that certain claims of a patent2 are valid, but the manufacture, use, or sale of certain machines produced by defendant did not infringe, and dismissing the action. Plaintiff contends that the district court erred in the construction of the patent and in the finding of non-infringement. Defendant denies infringement, and, without filing a cross-appeal, counters...

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