LUDLOW CORP. v. TEXTILE RUBBER & CHEMICAL CO., INC.

No. 78-3435.

636 F.2d 1057 (1981)

LUDLOW CORPORATION, Plaintiff-Appellant, v. TEXTILE RUBBER & CHEMICAL CO., INC. and Harvey Howalt, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 13, 1981.


Attorney(s) appearing for the Case

Andrew F. Kehoe, Boston, Mass., George M. Hopkins, Atlanta, Ga., for plaintiff-appellant.

Anthony B. Askew, Robert E. Richards, Atlanta, Ga., Melvin R. Jenney, Boston, Mass., for defendants-appellees.

Before VANCE, FRANK M. JOHNSON, Jr., and THOMAS A. CLARK, Circuit Judges.


VANCE, Circuit Judge:

This is an appeal from the district court's judgment invalidating plaintiff's U. S. Reissue Patent 27,366 and dismissing plaintiff's infringement suit. We affirm.

The patent in question was issued to plaintiff on July 13, 1970 and reissued on May 16, 1972. It covers a process for making a resilient foam product from a frothed-up wet latex compound. The novelty of the process involves drying the foam without its undergoing a phase inversion...

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