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MAXON PREMIX BURNER CO., INC. v. ECLIPSE FUEL ENG. CO.

Nos. 71-1756 and 71-1757.

471 F.2d 308 (1972)

MAXON PREMIX BURNER COMPANY, INC., Plaintiff-Appellee, v. ECLIPSE FUEL ENGINEERING CO., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 18, 1972.

As Amended on Denial of Rehearing and Rehearing November 1, 1972.

Certiorari Denied February 20, 1973.

Attorney(s) appearing for the Case

Granger A. Cook, Jr., James P. Hume, David A. Anderson, Chicago, Ill., for Maxon Premix Burner.

Norman H. Gerlach, Chicago, Ill., Louis Robertson, Arlington Heights, Ill., for Eclipse Fuel Engineering.

Before SPRECHER, Circuit Judge, DURFEE, Senior Judge, and ESCHBACH, District Judge.

As Amended on Denial of Rehearing and Rehearing En Banc November 1, 1972.

Certiorari Denied February 20, 1973. See 93 S.Ct. 1365.

SPRECHER, Circuit Judge.

Eclipse Fuel Engineering Company appeals from a district court decision enjoining Eclipse from infringement of a patent owned by Maxon Premix Burner Company, Inc. Maxon cross-appeals, challenging a finding of non-infringement by a prototype burner developed by Eclipse in 1963.

Maxon and Eclipse...

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