Appeal No. 83-587.

713 F.2d 1530 (1983)


United States Court of Appeals, Federal Circuit.

July 25, 1983.

Attorney(s) appearing for the Case

Don K. Harness, and Richard A. Walker, Birmingham, Mich., of counsel for appellant. With them on the brief was Jerry K. Harness, Jackson, Mich.

William A. Marshall, Chicago, Ill., argued for appellee. With him on the brief was Donald J. Brott, Chicago, Ill.

Before MARKEY, Chief Judge, and DAVIS and BALDWIN, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a judgment of the District Court for the Eastern District of Michigan, 561 F.Supp. 618, declaring Claims 1, 3, 4, 6, and 7 of U.S. Patent No. 3,473,087 to Winton Slade ('087 patent) invalid and not infringed. We affirm.

When Stratoflex filed suit seeking a declaration of invalidity and non-infringement of the '087 patent, Aeroquip, as assignee, counterclaimed for infringement of claims...

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