No. 76-3749.

560 F.2d 966 (1977)

George K. AUSTIN, Jr., Plaintiff-Appellee, v. MARCO DENTAL PRODUCTS, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 12, 1977.

Attorney(s) appearing for the Case

J. Pierre Kolisch, of Kolisch, Hartwell, Dickinson & Stuart, Portland, Or., argued, for defendant-appellant.

Kenneth S. Klarquist, of Klarquist, Sparkman, Campbell, Leigh, Hall, & Whinston, Portland, Or., argued, for plaintiff-appellee.

Before WRIGHT and KILKENNY, Circuit Judges, and HARRIS, Senior District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This appeal raises issues concerning a patent's validity and infringement: (a) the "on sale" proscription; (b) nonobviousness; (c) combination of known elements; (d) standards for reissuance and (e) intervening rights.

Appellee, George K. Austin, Jr., alleges that appellant, Marco Dental Products, Inc. (Marco Dental), infringed Claim No. 1 in his patent [U. S. Patent No. Re 28,649] for a "dental handpiece control." His company...

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