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ROHM & HAAS CO. v. CRYSTAL CHEMICAL CO.

Appeal No. 83-599.

722 F.2d 1556 (1983)

ROHM AND HAAS COMPANY, Appellee, v. CRYSTAL CHEMICAL COMPANY and Joe C. Eller, Appellants.

United States Court of Appeals, Federal Circuit.

December 7, 1983.

Attorney(s) appearing for the Case

Ned L. Conley, Houston, Tex., argued for appellants; With him on brief were William E. Shull, Jon E. Hokanson and Jeffrey W. Tayon, Houston, Tex.

Rudolph E. Hutz, Wilmington, Del., argued for appellee; With him on brief were Januar D. Bove, Jr., F.L. Peter Stone and Jeffrey B. Bove, Wilmington, Del.; George W.F. Simmons, Philadelphia, Pa., of counsel.

Before RICH, KASHIWA, MILLER, SMITH, and NIES, Circuit Judges.

RICH, Circuit Judge.

This patent appeal is from the October 27, 1982, judgment of the United States District Court for the Southern District of Texas. Sitting without a jury, it held claims 1-3, 6, and 8-12 of U.S. Patent No. 3,816,092 (RH patent or Wilson patent), issued June 11, 1974, to Rohm and Haas (RH or R & H) as assignee of the inventors, for "Herbicidal 3,1-dichloroanilides," valid and infringed by Crystal Chemical Co. and Joe C. Eller (collectively Crystal...

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