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FORBRO DESIGN CORP. v. RAYTHEON CO.

Nos. 75-1151 and 75-1152.

532 F.2d 758 (1976)

FORBRO DESIGN CORPORATION, Plaintiff-Appellant, v. RAYTHEON COMPANY, Defendant-Appellee. FORBRO DESIGN CORPORATION, Plaintiff-Appellee, v. RAYTHEON COMPANY, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided March 22, 1976.

Attorney(s) appearing for the Case

Joseph R. McPhee, Jr., Garden City, N.Y., with whom Andrew Perl, New York City, was on brief, for Forbro Design Corp.

Robert B. Russell, Boston, Mass., with whom Russell & Nields, Henry C. Nields, Concord, N. H., Joseph D. Pannone, Weston, and David A. Tucker, Boston, Mass., were on brief, for Raytheon Co.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and THOMSEN, Senior District Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Forbro Design Corporation appeals from a judgment of the district court, 390 F.Supp. 794 (D.Mass.1975), dismissing its patent infringement action against Raytheon Company on the ground that Forbro's patent, No. 3,028,538 (more particularly its claims 1-4) was obvious under 35 U.S.C. § 103. Raytheon cross-appeals from the court's dismissal of Raytheon's counterclaim alleging that Forbro had...

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