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OMARK INDUSTRIES, INC. v. COLONIAL TOOL CO., INC.

Nos. 81-2216, 81-2217.

672 F.2d 362 (1982)

OMARK INDUSTRIES, INC., Appellant, v. COLONIAL TOOL COMPANY, INC. and Peter Chan, Appellee.

United States Court of Appeals, Third Circuit.

Decided March 17, 1982.

Rehearing Denied April 16, 1982.

Attorney(s) appearing for the Case

Kenneth S. Klarquist (argued), Peter E. Heuser, Klarquist, Sparkman, Campbell, Leigh, Whinston & Dellett, Portland, Or., John H. Klock, Crummy, Del Deo, Dolan & Purcell, Newark, N. J., for Omark Industries, Inc.

Robert C. Faber (argued), Ostrolenk, Faber, Gerb & Soffen, New York City, for Colonial Tool Co., Inc., and Peter Chan; Harold Friedman, Kirsten, Friedman & Cherin, Newark, N. J., of counsel.

Before GIBBONS, WEIS and GARTH, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

As this country appraises its energy sources, wood burning stoves as well as traditional fireplaces have become more widely used. Devices for splitting logs into firewood have also gained in popularity. Sensing a market, plaintiff obtained a patent on a splitting wedge that it contends was infringed by the defendants. The district court concluded that plaintiff's device...

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