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CALICO SCALLOPO CORP. v. WILLIS BROTHERS, INC.

Nos. 71-1998, 71-1999.

458 F.2d 390 (1972)

CALICO SCALLOPO CORP., and Slade Gorton & Co., Inc., Appellants, Cross-Appellees, v. WILLIS BROTHERS, INC., and Elmer D. Willis, Appellees, Cross-Appellants. CALICO SCALLOP CORP., and Slade Gorton & Co., Inc., Appellees, Cross-Appellants, v. WILLIS BROTHERS, INC., and Elmer D. Willis, Appellants, Cross-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1972.

Attorney(s) appearing for the Case

Channing L. Richards, Charlotte, N. C. (Richards & Shefte, Charlotte, N. C., on brief), for Calico Scallopo Corp. and Slade Gorton & Co., Inc.

Douglas B. Henderson, Washington, D. C. (Brian G. Brunsvold, Finnegan, Henderson, Farabow & Garrett, Washington, D. C., and Claud R. Wheatly, Jr., and Wheatly & Mason, Beaufort, N. C., on brief), for Willis Brothers, Inc. and Elmer D. Willis.

Before HAYNSWORTH, Chief Judge, and BUTZNER and FIELD, Circuit Judges.

PER CURIAM:

Central to this case is a method patent, titled "Means for Eviscerating Scallops."1

Construed as broadly as the plaintiffs would, the claims would encompass any mechanical process for removing surrounding viscera from the severed, cylindrical muscle of the scallop if the process involves axial rotation of the muscle. They would have us hold infringing commercially successful machines, mechanically quite dissimilar to...

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