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CHISHOLM-RYDER CO., INC. v. LEWIS MFG. CO., INC.

Civ. A. No. 47-69 ERIE.

398 F.Supp. 1287 (1975)

CHISHOLM-RYDER COMPANY, INC., a corporation, and New York State Concord Grape Production Research Fund, Inc., a corporation, Plaintiffs, v. LEWIS MANUFACTURING COMPANY, INC., a corporation, et al., Defendants.

United States District Court, W. D. Pennsylvania.

As Corrected August 18, 1975.

Attorney(s) appearing for the Case

William J. Kelly, Erie, Pa., Kenneth R. Sommer, Buffalo, N. Y., for plaintiffs.

Charles L. Lovercheck, Erie, Pa., Edward Orton, North East, Pa., for defendants.

OPINION

WEBER, District Judge.

This is a suit for infringement of patent. Jurisdiction is based on 28 U.S. C. § 1338(b). Venue is properly laid in this court.

Defendants have admitted that each of the claims in the patent in suit reads on their grape harvesters and hence are infringed if the patent is valid. The defendants defend on the grounds that the claimed invention is obvious under 35 U.S.C. § 103 and was anticipated by being described...

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