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NICKOLA v. PETERSON

No. 76-1916.

580 F.2d 898 (1978)

Anne D. NICKOLA, Plaintiff-Appellant, v. Kenneth PETERSON, d/b/a Kaydee Products Company, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 23, 1978.

Rehearing Denied October 27, 1978.

Attorney(s) appearing for the Case

Charles W. Chandler, Gifford, Chandler, Sheridan & Sprinkle, Birmingham, Mich., for plaintiff-appellant.

John K. McCulloch, Saginaw, Mich., for defendant-appellee.

Before CELEBREZZE, Circuit Judge, LIVELY, Circuit Judge, and MARKEY, Chief Judge of the U. S. Court of Customs and Patent Appeals.

Rehearing and Rehearing En Banc Denied October 27, 1978.

MARKEY, Chief Judge, Court of Customs and Patent Appeals.

Appeal under 28 U.S.C. § 1291 by plaintiff-patentee, Anne D. Nickola (Nickola), from the district court's patent invalidity decision after a six-day jury trial.1 The complaint against defendant, Kenneth Peterson d/b/a Kaydee Products Company (Peterson), contains count I, alleging infringement of claims 4 and 21...

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