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PENN INTERN. INDUSTRIES v. NEW WORLD MFG., INC.

Nos. 81-4366, 81-4370.

691 F.2d 1297 (1982)

PENN INTERNATIONAL INDUSTRIES, INCORPORATED, Plaintiff-Appellant/Cross Appellee, v. NEW WORLD MANUFACTURING, INC., Defendants-Appellees/Cross Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 9, 1982.

Attorney(s) appearing for the Case

Glen R. Grunewald, Warren, Chickering & Grunewald, Oakland, Cal., for plaintiff-appellant/cross-appellee.

Thomas O. Herbert, Flehr, Hohbach, Test, Albritton & Herbert, San Francisco, Cal., for defendants-appellees/cross-appellants.

Before WISDOM, SNEED and FARRIS, Circuit Judges.

WISDOM, Circuit Judge:

This case involves a patent infringement action brought by Penn International Industries, Inc. ["Penn"] against New World Manufacturing, Inc., and its principals, Jerry and Rebecca Moore ["New World"]. On appeal, Penn challenges the district court's holding that its patent for an air frame waterbed is invalid because the subject matter was obvious under 35 U.S.C. § 103. On cross-appeal, New World alleges that the district court abused its...

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