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CHRISTOPHER J. FOSTER v. NEWPORT NEWS S. & D. DOCK

Nos. 75-1076, 75-1077.

531 F.2d 1243 (1975)

CHRISTOPHER J. FOSTER, INC., Appellant, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, and Whitman, Requardt & Associates, Appellees. CHRISTOPHER J. FOSTER, INC., Appellee, v. NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY, and Whitman, Requardt & Associates, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided October 22, 1975.

Attorney(s) appearing for the Case

Alan E. J. Branigan, Arlington, Va. (Griffin, Branigan & Butler, Arlington, Va., on brief), for Christopher J. Foster, Inc.

Allen Kirkpatrick, Washington, D. C. (Cushman, Darby & Cushman, Kevin E. Joyce, Washington, D. C., Donald N. Rothman, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, Baltimore, Md., Elliott I. Pollock, and Pollock, Philpitt & Vande-Sande, Washington, D. C., on brief), for Newport News Shipbuilding and Dry Dock Co. and Whitman, Requardt & Associates.

Before WINTER, CRAVEN and BUTZNER, Circuit Judges.

BUTZNER, Circuit Judge:

This appeal involves the validity of claims 1, 4, 5, 7, and 11 of United States Patent 3,124,935 for graving docks, issued to Christopher J. Foster on March 17, 1964, and the charge that Newport News Shipbuilding and Dry Dock Co. and Whitman, Requardt & Associates, engineers engaged by Newport News to construct a dry dock, infringed the patent. We affirm the district court's judgment that the patent was anticipated by prior art and that...

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