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POTTER INSTRUMENT CO., INC. v. ODEC COMPUTER SYSTEMS, INC.

No. 74-1081.

499 F.2d 209 (1974)

POTTER INSTRUMENT COMPANY, INC., Plaintiff, Appellant, v. ODEC COMPUTER SYSTEMS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided June 27, 1974.

Attorney(s) appearing for the Case

Richard L. Aitken, Washington, D. C., with whom Anthony M. Lorusso, Washington, D. C., Kenway, Jenney & Hildreth, Boston, Mass., Gilbert H. Hennessey, and Lane, Aitken, Dunner & Ziems, Washington, D. C., were on brief, for plaintiff, appellant.

Albert E. Fey, New York City, with whom Thomas H. Quinn, Swan, Keeney, Jenckes & Asquith, Providence, R. I., William J. Gilbreth, and Fish & Neave, New York City, were on brief, for defendant, appellee.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

COFFIN, Chief Judge.

This appeal stems from a patent infringement action initiated by the appellant in the district court, resulting in a judgment dismissing the complaint on grounds that the claims in issue in two patents were invalid for obviousness, under the standard of 35 U.S.C. § 103. 370 F.Supp. 198 (D.R.I. 1974). Appellant contends that, as to one of these patents,1 the district court...

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