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SCHROEDER v. OWENS-CORNING FIBERGLAS CORPORATION

No. 73-2796.

514 F.2d 901 (1975)

Clifford A. SCHROEDER, an Individual, et al., Plaintiffs-Appellants, v. OWENS-CORNING FIBERGLAS CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 15, 1975.

Attorney(s) appearing for the Case

James C. McConnon, Philadelphia, Pa. (argued), for plaintiffs-appellants.

Richard A. Wallen, Los Angeles, Cal. (argued), for defendant-appellee.

Before CARTER, WRIGHT and GOODWIN, Circuit Judges.

OPINION

EUGENE A. WRIGHT, Circuit Judge:

In this action for infringement of patent No. 3,216,459 (hereinafter the '459 patent), the district judge entered summary judgment for the defendant, holding the patent invalid under 35 U.S.C. §§ 102(b) and 103. The judgment of invalidity was based on several grounds: obviousness in view of an earlier Edwards patent, No. 2,980,144, obviousness in view of a trade...

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