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INGERSOLL-RAND COMPANY v. BRUNNER & LAY, INC.

No. 72-2026.

474 F.2d 491 (1973)

INGERSOLL-RAND COMPANY, Plaintiff-Appellant-Cross Appellee, v. BRUNNER & LAY, INC., Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied April 4, 1973.

Attorney(s) appearing for the Case

Richard S. Banick, Miami, Fla., John M. Calimafde, New York City, Carl R. Horten, Princeton, N. J., for plaintiff-appellant.

John H. Oltman, Fort Lauderdale, Edward C. Vandenburgh, Arlington Heights, Fla., for defendant-appellee.

Before GODBOLD, DYER and CLARK, Circuit Judges.

Rehearing and Rehearing En Banc Denied April 4, 1973.

CLARK, Circuit Judge:

Invalidity for obviousness1 is the broad subject of this patent appeal. A subsidiary issue is joined on the trial court's application of the doctrine of file wrapper estoppel. The imitator who was successful in the court below cross-appealed from the court's refusal to award it attorney's fees.2 Because we reverse the trial...

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