ALLEN v. W. H. BRADY CO.

No. 73-1200.

508 F.2d 64 (1974)

Gordon H. ALLEN and the Dow Chemical Company, Plaintiffs-Appellants, v. W. H. BRADY CO., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided December 27, 1974.

Rehearing Denied February 10, 1975.


Attorney(s) appearing for the Case

Sidney J. Walker, Dow Chemical Co., Midland, Mich., Sidney Wallenstein, Chicago, Ill., for plaintiffs-appellants.

Britton A. Davis, Chicago, Ill., Donald G. Casser, Milwaukee, Wis., for defendant-appellee.

Before PELL, STEVENS and SPRECHER, Circuit Judges.


STEVENS, Circuit Judge.

The Dow Chemical Company, as the assignee of Prosser, received a patent on a simple method of warning excavators of the presence of underground utility lines.1 A strip of colored polyethylene film is buried in the backfill above the line where it will be brought to the surface by subsequent excavation.2 Prosser's invention was admittedly anticipated...

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