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DOW CHEMICAL COMPANY v. DART INDUSTRIES, INC.

Nos. 71-1371, 71-1372.

475 F.2d 124 (1973)

The DOW CHEMICAL COMPANY, Appellant, v. DART INDUSTRIES, INC., Appellee. BRAND PLASTICS COMPANY et al., Appellees, v. The DOW CHEMICAL COMPANY, Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied April 5, 1973.

Attorney(s) appearing for the Case

Neal A. Waldrop (argued), of Harness, Dickey & Pierce, Detroit, Mich., William Howard Nicholas, of Nicholas, Kolliner, Myers, D'Angelo & Givens, Los Angeles, Cal., William M. Yates, Sidney J. Walker, Midland, Mich., Naylor & Neal, San Francisco, Cal., for appellant.

Carl Hoppe (argued), James F. Mitchell, San Francisco, Cal., David S. Romney, Richard E. Lyon (argued), Roland N. Smoot, of Lyon & Lyon, Los Angeles, Cal., Grant A. Brown, Arthur G. Gilkes, Ralph C. Medhurst, Chicago, Ill., for appellees.

Before ELY, TRASK, and WALLACE, Circuit Judges.

PER CURIAM:

The patent involved in this suit is Number 2,694,692. The District Court held that the patent was invalid, anticipated by certain prior arts and embracing a procedure that would have been obvious to one skilled in the prior art. The appellant vigorously challenges this conclusion, but we are not persuaded that we should disturb it. The trial was extensive, consuming some twenty days, with highly expert, opposing opinions expressed by different witnesses...

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