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STRUCTURAL RUBBER PRODUCTS v. PARK RUBBER

Appeal No. 83-1326.

749 F.2d 707 (1984)

STRUCTURAL RUBBER PRODUCTS COMPANY, Appellant, v. PARK RUBBER COMPANY and International Metals and Machines, Inc., Appellees.

United States Court of Appeals, Federal Circuit.

November 9, 1984.

Attorney(s) appearing for the Case

William M. Wesley, Chicago, Ill., argued for appellant. With him on brief was Gregory B. Beggs, Chicago, Ill., of counsel.

James J. Flynn, Chicago, Ill., argued for appellees. With him on brief were James T. Fitzgibbon, Angelo J. Bufalino and Mary Jane Chapman, Chicago, Ill., of counsel.

Before DAVIS, SMITH and NIES, Circuit Judges.

NIES, Circuit Judge.

Structural Rubber Products Co. appeals from the judgment of the United States District Court for the Northern District of Illinois entered September 30, 1983, holding Park Rubber Company and International Metals and Machines, Inc., (collectively, Park) not liable for infringement of U.S. Patent Nos. 3,843,051 and 4,117,977, owned by appellant. The district court's judgment is based on invalidity of the patents for lack of novelty (35 U.S.C. &...

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