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TRIO PROCESS CORPORATION v. L. GOLDSTEIN'S SONS, INC.

Nos. 71-1295, 71-1296.

461 F.2d 66 (1972)

TRIO PROCESS CORPORATION, Appellant in No. 71-1295, v. L. GOLDSTEIN'S SONS, INC., Appellant in No. 71-1296.

United States Court of Appeals, Third Circuit.

Decided May 22, 1972.

Attorney(s) appearing for the Case

Thomas M. Ferrill, Jr., Blue Bell, Pa. (Roger Norman Coe, Philadelphia, Pa., on the brief), for Trio Process Corp.

Nelson E. Kimmelman, Necho & Kimmelman, Philadelphia, Pa., for L. Goldstein's Sons, Inc.

Before SEITZ, Chief Judge, and ADAMS and HUNTER, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

In this patent infringement case, we must first determine the validity of United States Patent No. 3,076,421, issued to Albert W. Spitz (Spitz) and owned by Trio Process Corp. (Trio), and then decide whether the district court's finding of willful infringement is correct.

The primary issue of validity is whether the process disclosed in the patent was obvious to...

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