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CONNELL v. SEARS, ROEBUCK & CO.

Appeals Nos. 83-841, 83-842.

722 F.2d 1542 (1983)

Jerry F. CONNELL, Gary F. Burns and Conelco, Inc., Appellants/Cross-Appellees, v. SEARS, ROEBUCK & CO., a Corporation, Appellee/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

November 23, 1983.

Attorney(s) appearing for the Case

Thomas E. Davis, Gadsden, Ala., argued for appellants.

Walther E. Wyss, Chicago, Ill., argued for appellee. With him on brief were Neil M. Rose and C. Ronald Olbrysh, Chicago, Ill.

Before MARKEY, Chief Judge, SMITH, Circuit Judge, and COWEN, Senior Circuit Judge.

MARKEY, Chief Judge.

Jerry F. Connell, et al. (Connell), appeals from a judgment notwithstanding the verdict (JNOV) of the United States District Court for the Northern District of Alabama Middle Division holding U.S. Patent No. 3,459,199 (the '199 patent), issued in 1969 for a hair "teasing and unsnarling implement", invalid for obviousness under 35 U.S.C. § 103, and finding noninfringement by certain hair curler devices. Sears, Roebuck and Co. (Sears), cross...

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