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KALVAR CORP. v. XIDEX CORP.

No. 75-1931.

556 F.2d 966 (1977)

KALVAR CORPORATION, Plaintiff-Appellant, v. XIDEX CORPORATION, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 13, 1977.

Attorney(s) appearing for the Case

Cushman, Darby & Cushman, L. A. Hymo, Washington, D.C., Bronson, Bronson & McKinnon, San Francisco, Cal., argued for plaintiff-appellant.

Milling, Saal, Benson, Woodward & Hillyer, New Orleans, La., Albert J. Hillman, Townsend & Townsend, San Francisco, Cal., argued for defendant-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and BONSAL, District Judge.

PER CURIAM:

Plaintiff-appellant Kalvar Corporation ("Kalvar") appeals from a decision of the United States District Court for the Northern District of California (Renfrew, J.) dismissing its complaint charging patent infringement by defendant-appellee Xidex Corporation ("Xidex") on the ground that the patent was invalid because the invention was in "public use" or "on sale" within the meaning of 35 U.S.C. § 102(b)1 for a period of...

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