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REX CHAINBELT INC. v. HARCO PRODUCTS, INC.

Nos. 73-2139, 73-2059.

512 F.2d 993 (1975)

REX CHAINBELT INC., Plaintiff-Appellant (Cross-Appellee), v. HARCO PRODUCTS, INC., dba DFC Company, Defendant-Appellee (Cross-Appellant).

United States Court of Appeals, Ninth Circuit.

As Amended March 31, 1975.

Attorney(s) appearing for the Case

Alfred H. Plyer, Jr. (argued), Chicago, Ill., for plaintiff-appellant.

Joseph Mueth (argued), Los Angeles, Cal., for defendant-appellee.

Before VAN OOSTERHOUT, BARNES and HUFSTEDLER, Circuit Judges.

OPINION

BARNES, Circuit Judge:

This action was instituted by appellant Rex Chainbelt Inc. in the Federal District Court for the Central District of California against Harco Products, Inc. for infringement of Rex's U. S. Patent No. 2,970,783. Harco answered the complaint alleging that the patent was unenforceable because of misuse, and that the patent was void as being "obvious" under 35 U.S.C. § 103. Harco also filed a cross-complaint alleging that...

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