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BIRD PROVISION CO. v. OWENS COUNTRY SAUSAGE, INC.

No. 75-3412.

568 F.2d 369 (1978)

BIRD PROVISION CO., Plaintiff-Appellant Cross-Appellee, v. OWENS COUNTRY SAUSAGE, INC., Defendant-Appellee Cross-Appellant. BIRD PROVISION CO., Plaintiff-Appellant Cross-Appellee, v. Clifford B. OWENS et al., Defendants-Appellees Cross-Appellants.

United States Court of Appeals, Fifth Circuit.

February 24, 1978.

Attorney(s) appearing for the Case

Harvey B. Jacobson, Jr., Washington, D. C., Allen Butler, Dallas, Tex., for plaintiff-appellant cross-appellee.

Carlisle Blalock, D. Carl Richards, Dallas, Tex., for defendants-appellees cross-appellants.

Before THORNBERRY, AINSWORTH and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff Bird Provision Company claims that Owens Country Sausage, Inc. and two of its officers infringed on Bird Provision's patented process for making fresh pork sausage. Defendants admit infringement, but contend that the Bird Provision patent is invalid on several grounds. The district court declared the patent invalid on the grounds of prior public use and obviousness, and Bird Provision appealed. On the basis of the district court's findings...

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