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PENN INTERN. INDUSTRIES v. PENNINGTON CORP.

Nos. 77-2142, 77-3501.

583 F.2d 1078 (1978)

PENN INTERN. INDUSTRIES, a California Corporation, Plaintiff-Appellee, v. The PENNINGTON CORPORATION, a California Corporation, the Bedroom, a corporation, and the Comfort Zone, a corporation, Defendants-Appellants, and William Pennington, an Individual Defendant. AMERICAN THERMO SEAL, INC., Plaintiff-Appellee, v. PENN INTERNATIONAL INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied October 16, 1978.

Attorney(s) appearing for the Case

Glen R. Grunewald, of Warren, Chickering & Grunewald, Oakland, Cal., for defendants-appellants.

Robert J. Schaap, of Romney Schaap Golant Scillieri Disner & Ashen, Beverly Hills, Cal., for plaintiff-appellee.

Before WRIGHT and TANG, Circuit Judges, and THOMPSON, District Judge.

EUGENE A. WRIGHT, Circuit Judge.

We consolidated these appeals to consider two challenges to Patent No. 3,778,852 (air-frame water bed) held by Penn International Industries (Penn).

In No. 77-2142 Penn sued Pennington Corporation, a water bed manufacturer, and several of its retailers for infringement in District Court for the Northern District of California. Among its defenses, Pennington alleged that the patent was invalid for obviousness. The court found...

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