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UNIVERSAL ATHLETIC SALES CO. v. AMERICAN GYM, ETC.

No. 76-1023.

546 F.2d 530 (1976)

UNIVERSAL ATHLETIC SALES CO., a corporation, Appellant, v. AMERICAN GYM, RECREATIONAL & ATHLETIC EQUIPMENT CORPORATION, INC., et al.

United States Court of Appeals, Third Circuit.

Decided November 19, 1976.

As Amended December 30, 1976.

Attorney(s) appearing for the Case

Robert D. Yeager, Robert DeMajistre, Pittsburgh, Pa., Lewis M. Dalgarn, Los Angeles, Cal., for appellant; Nilsson, Robbins, Dalgarn & Berliner, Los Angeles, Cal., of counsel.

Thomas H. Murray, Pittsburgh, Pa., Hymen Diamond, Monroeville, Pa., for appellees.

Floyd B. Carothers, Pittsburgh, Pa., for appellee, Donald E. Pinchock.

Before ADAMS, ROSENN and GARTH, Circuit Judges.

OPINION OF THE COURT

ADAMS, Circuit Judge.

At issue in this case is the validity of a United States patent1 that pertains to a weight-lifting apparatus. Originally granted to Harold Zinkin, the patent was owned by Universal Athletic Sales Co. at the time of suit. The patent consists of eight claims, and the district court struck down two of them on grounds of anticipation and obviousness.2 We must...

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