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CENTRAL SOYA CO., INC. v. GEO. A. HORMEL & CO.

No. 79-1959.

645 F.2d 847 (1981)

CENTRAL SOYA COMPANY, INC., Plaintiff-Appellee, v. GEO. A. HORMEL & COMPANY, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided March 30, 1981.

Rehearing Denied May 19, 1981.

Attorney(s) appearing for the Case

Jerome F. Fallon, Chicago, Ill. (Harry A. Woods, Jr., Oklahoma City, Okl., and Edward P. Armstrong, Fort Wayne, Ind., with him on brief), for plaintiff-appellee.

Herman H. Bains of Williamson, Bains, Moore & Hansen, Minneapolis, Minn., for defendant-appellant.

Before McWILLIAMS and LOGAN, Circuit Judges, and PALMIERI, District Judge.

McWILLIAMS, Circuit Judge.

This is a patent infringement case involving pork fritters.1 United States Letters Patent No. 3,208,856, entitled "Meat Product and Method and Apparatus for Making Same," was issued on September 28, 1965, pursuant to an application filed by Fred W. Luker, the inventor, on January 9, 1962. The claim of what we shall hereinafter refer to as the Luker patent is as follows:

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