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PARKER SWEEPER COMPANY v. E. T. RUGG COMPANY

No. 72-1664.

474 F.2d 950 (1973)

PARKER SWEEPER COMPANY, Plaintiff-Appellee, v. The E. T. RUGG COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided February 27, 1973.

Attorney(s) appearing for the Case

Robert E. Stebens, Columbus, Ohio, on brief for appellant; Mahoney, Miller & Stebens, Columbus, Ohio, of counsel.

Stanley H. Foster and Charles H. Melville, Cincinnati, Ohio, for appellee; Melville, Strasser, Foster & Hoffman, Cincinnati, Ohio, of counsel.

Before EDWARDS, CELEBREZZE and KENT, Circuit Judges.

EDWARDS, Circuit Judge.

Appellant Rugg appeals from the District Court's findings of validity of two Parker Sweeper patents, Patent No. 3,035,294 (hereafter '294) and Design Patent No. 194,051 (hereafter '051), and from a judgment granting damages for infringement and enjoining Rugg from further infringement.

The crucial issue in this appeal concerning the '294 patent is whether or not Parker's combination patent for a towable, dumpable lawn-leaf sweeper is...

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