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STEARNS v. BECKMAN INSTRUMENTS, INC.

No. 81-2090.

669 F.2d 1095 (1982)

Stanley D. STEARNS and James A. Ramin, Plaintiffs-Appellants, v. BECKMAN INSTRUMENTS, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1982.

Attorney(s) appearing for the Case

Donald Gunn, Houston, Tex., for plaintiffs-appellants.

Garrett R. Tucker, Jr., Martin L. McGregor, Houston, Tex., for defendant-appellee.

Before THORNBERRY, TATE and WILLIAMS, Circuit Judges.

THORNBERRY, Circuit Judge:

In this patent appeal, the holders of a patent — United States Patent No. 4,022,065 — contest the district court's grant of summary judgment invalidating the patent under the "on sale" bar of 35 U.S.C. § 102(b). Because we agree with the patent holder that a genuine issue of material fact existed concerning the "on sale" status of the patented invention, we reverse the district court and remand for trial.

I. The...

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