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OMARK INDUSTRIES, INC. v. CARLTON CO.

No. 78-3265.

652 F.2d 783 (1980)

OMARK INDUSTRIES, INC., Plaintiff-Appellant, v. The CARLTON COMPANY and Raymond Carlton, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 5, 1980.

Attorney(s) appearing for the Case

Kenneth S. Klarquist, Klarquist, Sparkman, Campbell, Leigh, Hall & Whinston, Portland, Or., for plaintiff-appellant.

M. H. Hartwell, Jr., Kilisch, Hartwell, Dickinson & Stuart, Portland, Or., for defendants-appellees.

Before ALARCON and CANBY, Circuit Judges, and HOFFMAN, District Judge.

ALARCON, Circuit Judge:

Appellant Omark Industries (hereinafter "Omark")1 appeals from a judgment invalidating its patent for a brush cutting chain invented by appellee Raymond Carlton. The district court found that the brush-cutting chain had been in public use more than one year before May of 1959 when the patent was applied for and held the patent invalid under 35 U.S.C. § 102.2 For the reasons stated...

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