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NORRIS INDUSTRIES, INC. v. TAPPAN CO.

No. 77-1836.

599 F.2d 908 (1979)

NORRIS INDUSTRIES, INC., a corporation, Plaintiff-Appellee, v. The TAPPAN COMPANY, a corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

July 2, 1979.

Attorney(s) appearing for the Case

D. Bruce Prout, Leo J. Young, Christie, Parker & Hale, Pasadena, Cal., for defendant-appellant.

Michael D. Harris, Los Angeles, Cal., William Poms, Miketta, Glenny, Poms & Smith, Los Angeles, Cal., for plaintiff-appellee.

Before GOODWIN and TANG, Circuit Judges, and EAST, District Judge.

EAST, District Judge:

Norris Industries, Inc. (Norris) instituted this action seeking declaratory judgment that United States Patents 3,081,392 and 2,831,952, issued to Elmer Warner and assigned to The Tappan Company (Tappan), were invalid and not infringed. Tappan counterclaimed for infringement of claims 1-7, 11, and 12 of 3,081,392 and claims 4, 5, and 10-12 of 2,831,952. Patent 3,081,392 embodies Warner's alleged invention of a microwave oven with an electrical...

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