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UNION CARBIDE CORP. v. AMERICAN CAN CO.

Appeal No. 83-902.

724 F.2d 1567 (1984)

UNION CARBIDE CORPORATION, Appellant, v. AMERICAN CAN COMPANY, Appellee.

United States Court of Appeals, Federal Circuit.

January 4, 1984.

Attorney(s) appearing for the Case

Michael O. Warnecke, Chicago, Ill., for appellant. With him on brief were Sidney Neuman, William H. Frankel and James P. Naughton, Chicago, Ill.; Thomas I. O'Brien, Danbury, Conn., and John C. Le Fever, New York City, of counsel.

Douglas W. Wyatt, New York City, for appellee. With him on brief was Thomas A. O'Rourke, New York City; Stuart S. Bowie, Greenwich, Conn., of counsel.

Before FRIEDMAN, SMITH and NIES, Circuit Judges.

NIES, Circuit Judge.

This case is an appeal from the grant of summary judgment by the United States District Court for the Northern District of Illinois, Eastern Division (Marshall, J.), entered March 4, 1983, holding United States Patent Nos. 4,262,803 ('803) and 4,277,930 ('930) invalid for obviousness under 35 U.S.C. § 103. Union Carbide appeals from that judgment, contesting the ruling of invalidity and asserting that material issues of fact remain to be...

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