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MOELLER v. IONETICS, INC.

Appeal No. 85-2646.

794 F.2d 653 (1986)

Willi MOELLER, Appellant, v. IONETICS, INC., Appellee.

United States Court of Appeals, Federal Circuit.

June 4, 1986.

Attorney(s) appearing for the Case

C. Frederick Leydig, Leydig, Voit & Mayer, Ltd., Chicago, Ill., argued for appellant. With him on brief, were John W. Kozak and Charles H. Mottier. John H. Brinsley, Adams, Duque & Hazeltime, Los Angeles, Cal., of counsel.

Ira M. Siegel, Blakely, Sokoloff, Taylor & Zafman, Beverly Hills, Cal., argued for appellee. With him on brief, were Roger W. Blakely and Stephen D. Gross.

Before FRIEDMAN, Circuit Judge, NICHOLS, Senior Circuit Judge, and SMITH, Circuit Judge.

NICHOLS, Senior Circuit Judge.

Willi Moeller (Moeller), having sued Ionetics, Inc. for infringement, appeals from the October 15, 1984, grant of partial summary judgment of noninfringement of claim 4 of Patent No. 3,562,129 (the `129 patent) by the District Court of the Central District of California, No. 83-7551-DAR. We vacate and remand.

Background

A. The Patent

The invention of the '129 patent is directed toward an electrode system...

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