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NORWOOD v. EHRENREICH PHOTO-OPTICAL INDUS., INC.

No. 71-1835.

529 F.2d 3 (1975)

Donald W. NORWOOD, an individual, Plaintiff-Appellant, v. EHRENREICH PHOTO-OPTICAL INDUSTRIES, INC., a corporation, and Ehrenreich Photo-Optical Industries West, Inc., a corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

December 3, 1975.

Attorney(s) appearing for the Case

D. Bruce Prout (argued), of Christie, Parker & Hale, Pasadena, Cal., for plaintiff-appellant.

Joseph M. Fitzpatrick (argued), of Fitzpatrick, Cella, Harper & Scinto, New York City, for defendants-appellees.

Before KOELSCH, KILKENNY and WALLACE, Circuit Judges.

OPINION

KOELSCH, Circuit Judge:

The matter is here on the appeal of Donald W. Norwood, plaintiff below, from a judgment holding claims 1 through 4, 6, 7 and 9 of his U.S. Patent No. 3,304,435 (the "435" patent) invalid and not infringed by defendants' accused device. 322 F.Supp. 898 (C.D.Cal.1970). We conclude that the trial court's decision was correct on both grounds.

The "435" patent was granted plaintiff...

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