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REPUBLIC INDUSTRIES, INC. v. SCHLAGE LOCK CO.

No. 77-1872.

592 F.2d 963 (1979)

REPUBLIC INDUSTRIES, INC., Plaintiff-Appellant, v. SCHLAGE LOCK COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 1, 1979.

Attorney(s) appearing for the Case

William E. Lucas, John K. Lucas, Chicago, Ill., for plaintiff-appellant.

Henry L. Brinks, Chicago, Ill., for defendant-appellee.

Before SWYGERT, CUMMINGS and PELL, Circuit Judges.

SWYGERT, Circuit Judge.

Republic Industries, Inc., assignee and owner of the Slaybaugh patent, U. S. Patent No. 3,852,845, instituted this infringement action against Schlage Lock Company. Schlage counterclaimed, alleging invalidity of the patent and noninfringement. Without reaching the infringement issue, the district court in a thorough opinion held the Slaybaugh patent invalid for obviousness under 35 U.S.C. § 103 and entered judgment for defendant. Republic...

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