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KOCKUM INDUSTRIES, INC. v. SALEM EQUIPMENT, INC.

Nos. 25,870, 25,874.

467 F.2d 61 (1972)

KOCKUM INDUSTRIES, INC., Plaintiff-Appellant, v. SALEM EQUIPMENT, INC., and Earl R. Hitchman, Defendants-Appellees. KOCKUM INDUSTRIES, INC., Plaintiff-Cross-Appellee, v. SALEM EQUIPMENT, INC., and Earl R. Hitchman, Defendants-Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 6, 1972.

Attorney(s) appearing for the Case

Richard W. Seed, (argued), of Seed, Berry & Dowrey, Seattle, Wash., Kenneth S. Klarquist, of Buckhorn, Blore, Klarquist & Sparkman, Portland, Or., for appellant.

J. Pierre Kolisch, (argued), Jon M. Dickinson, of Kolisch, Hartwell & Dickinson, Portland, Or., for appellee.

Before MERRILL and BROWNING, Circuit Judges, and ZIRPOLI, District Judge.

MERRILL, Circuit Judge:

Appellant brought suit charging infringement of claim 12 of Andersson patent 2,775,274, and claims 1, 2, 3 and 5 of Leffler patent 2,855,010. The District Court dimissed the action, holding those patents invalid as to the claims in issue and this appeal followed.

The patents in suit relate to ring-type log debarkers in which the debarking tools are carried by a rotating ring through the center of which the logs are fed. The arms on...

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