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STATE INDUSTRIES, INC. v. RHEEM MFG. CO.

Appeal No. 84-1438.

769 F.2d 762 (1985)

STATE INDUSTRIES, INC., Appellee, v. RHEEM MANUFACTURING COMPANY, Appellant.

United States Court of Appeals, Federal Circuit.

August 2, 1985.

Attorney(s) appearing for the Case

George P. McAndrews, Allegretti, Newitt, Witcoff & McAndrews, Ltd., of Chicago, Illinois, argued for appellant. With him on the brief were Jon D. Nelson, Timothy J. Malloy and Jerry A. Riedinger, Chicago, Ill.

Paul R. Puerner, Michael, Best & Friedrick, of Milwaukee, Wisconsin, argued for appellee. With him on the brief was Glenn A. Buse, Milwaukee, Wis.

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

RICH, Circuit Judge.

This appeal is from the May 31, 1984, Order of the District Court for the Middle District of Tennessee, Nashville Division, which held Nozaki U.S. patent No. 4,165,963 ('963) for HOT WATER HEATER BURNER ASSEMBLY, assigned to Rheem Manufacturing Company (Rheem), invalid and unenforceable. The holding of invalidity, based on 35 U.S.C. § 103, is affirmed, and the holding of unenforceability based...

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