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FRED WHITAKER CO. v. E. T. BARWICK INDUS., INC.

No. 74-3112.

551 F.2d 622 (1977)

FRED WHITAKER COMPANY, Plaintiff-Appellant, v. E. T. BARWICK INDUSTRIES, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

April 28, 1977.

Attorney(s) appearing for the Case

Thomas C. Shelton, Atlanta, Ga., Virgil E. Woodcock, John J. Mackiewicz, Philadelphia, Pa., Lewis T. Booker, Richmond, Va., for plaintiff-appellant.

Charles L. Gowen, John C. Staton, Jr., Atlanta, Ga., Albert E. Fey, Robert C. Morgan, New York City, for defendant-appellee.

Before GODBOLD, DYER and MORGAN, Circuit Judges.

GODBOLD, Circuit Judge:

Plaintiff Fred Whitaker Co. (Whitaker) charges that E. T. Barwick Industries, Inc. (Barwick) has infringed the exclusive rights Whitaker owns under claims 41 and 102 of U.S. Patent No. 3,012,303. The patent in suit is a combination process patent. It describes a process of dyeing and treating yarn for use in carpets and upholstery fabrics. The...

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