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UNION CARBIDE CORP. v. BORG-WARNER CORP.

No. 75-2263.

550 F.2d 355 (1977)

UNION CARBIDE CORPORATION, Plaintiff-Appellant, v. BORG-WARNER CORPORATION and Sund-Borg Machines Corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided January 27, 1977.

Attorney(s) appearing for the Case

Vincent L. Barker, Jr., Owen & Owen Co., L.P.L., Toledo, Ohio, John D. Foley, John C. Vassil, Stephen R. Smith, Richard J. Mazza, Morgan, Finnegan, Pine, Foley & Lee, New York City, Thomas S. Calder, Cincinnati, Ohio, for plaintiff-appellant.

Thomas L. Dalrymple, Fuller, Henry, Hodge & Snyder, Toledo, Ohio, Dugald S. McDougall, James P. Ryther, Chicago, Ill., for defendants-appellees.

Before: PHILLIPS, Chief Judge, EDWARDS, Circuit Judge, and MILLER, Judge, United States Court of Customs and Patent Appeals.

MILLER, Judge.

Plaintiff has appealed from the judgment (unpublished) of the United States District Court in favor of defendants that Claim 1 of U.S. Patent No. 3,268,636 ("636 patent")1 has not been infringed; that said claim is invalid over the prior art under 35 U.S.C. § 102(e) (anticipation) and under 35 U.S.C. § 103 (obviousness); and that the 636 patent is invalid in its entirety for failure to disclose the best mode contemplated...

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