ATLAS POWDER CO. v. E.I. DU PONT DE NEMOURS

Appeal No. 84-504.

750 F.2d 1569 (1984)

ATLAS POWDER COMPANY, Appellee, v. E.I. DU PONT DE NEMOURS & COMPANY and Alamo Explosives Company, Inc., Appellants.

United States Court of Appeals, Federal Circuit.

December 27, 1984.


Attorney(s) appearing for the Case

Lawrence F. Scinto, Fitzpatrick, Cella, Harper & Scinto, New York City, argued for appellants. With him on the brief were Joseph M. Fitzpatrick, David F. Ryan, Nels T. Lippert and Laura A. Bauer, New York City, of counsel.

Robert C. Kline and James R. Morrison, Wilminton, Del., and Stanley E. Neely, Locke, Purnell, Boren, Laney & Neely, Dallas, Tex., were on the brief, for appellant.

Garland P. Andrews, Richards, Harris & Medlock, Dallas, Tex., argued for appellee. With him on the brief were Roy W. Hardin and David L. Hitchcock, Dallas, Tex.

Before MARKEY, Chief Judge, and BALDWIN and MILLER, Circuit Judges.


BALDWIN, Circuit Judge.

This is an appeal by E.I. du Pont De Nemours & Co. and its customer Alamo Explosives Co., Inc. (collectively, "Du Pont"). The appeal is from a final judgment of the United States District Court for the Northern District of Texas holding product claims 1-5, 7, 12-14, and 16-17 of U.S. Patent No. 3,447,978 ('978 patent), issued to Harold Bluhm on June 3, 1969 and assigned to the Atlas Powder Co. ("Atlas"), not invalid under 35 U.S.C. §...

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