DUPLAN CORP. v. DEERING MILLIKEN RESEARCH

No. 73-1357.

487 F.2d 459 (1973)

The DUPLAN CORPORATION et al., Appellees, v. DEERING MILLIKEN RESEARCH CORPORATION, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided September 27, 1973.

Certiorari Denied March 18, 1974.


Attorney(s) appearing for the Case

Simon H. Rifkind, New York City (Butler, Means, Evins & Browne, Spartanburg, S. C., Paul, Weiss, Rifkind, Wharton & Garrison, Morgan, Finnegan, Durham & Pine, New York City, Thomas A. Evins, Spartanburg, S. C., and Robert S. Smith, New York City, on brief), for appellant.

Paul B. Bell, Charlotte, N. C., and William K. West, Jr., Washington, D. C., (Parrott, Bell, Seltzer, Park & Gibson, Charlotte, N. C., Willkie, Farr & Gallagher, New York City, Leatherwood, Walker, Todd & Mann, Greenville, S. C., Cushman, Darby & Cushman, Washington, D. C., Haynsworth, Perry, Bryant, Marion & Johnstone, Greenville, S. C., Smith, Moore, Smith, Schell & Hunter, David Rabin, Greensboro, N. C., Perrin, Perrin & Mann, Spartanburg, S. C., John W. Malley, W. Warren Taltavull, Washington, D. C., and Michael R. Abel, Greensboro, N. C., on brief), for appellees.

Before BRYAN, Senior Circuit Judge, and FIELD and WIDENER, Circuit Judges.


Certiorari Denied March 18, 1974. See 94 S.Ct. 1565.

PER CURIAM:

Deering Milliken Research Corporation appeals from an order of the district court granting summary judgment holding two United States patents invalid under 35 U.S.C. § 102(d)1 on the ground that the claimed inventions had been patented in France prior to the applications for the United States patents on applications which had been filed in France more than twelve...

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