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LINDEMANN MASCHINENFABRIK v. AM. HOIST AND DERRICK

No. 83-1178.

730 F.2d 1452 (1984)

LINDEMANN MASCHINENFABRIK GMBH, Appellant, v. AMERICAN HOIST AND DERRICK COMPANY, Harris Press and Shear Division, Commercial Metals Company, Appellees.

United States Court of Appeals, Federal Circuit.

March 21, 1984.

Attorney(s) appearing for the Case

David Toren, New York City, argued, for appellant. With him on brief was Jules Goldberg, New York City.

Michael E. Macklin, Houston, Tex., argued, for appellees. With him on brief was Edward W. Goldstein, Houston, Tex.

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

MARKEY, Chief Judge.

Appeal from the May 23, 1983, judgment of the District Court for the Southern District of Texas, sitting without a jury and holding invalid claims 1, 2, and 4 of appellant's (Lindemann's) U.S. Patent No. 3,945,315 issued March 23, 1976 and entitled "Hydraulic Scrap Shearing Machine". We reverse and remand.

BACKGROUND

The Patent

United States Patent No. 3,945,315 ('315) issued March 23, 1976 on an...

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