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SURFACE TECHNOLOGY, INC. v. U.S. INTERN. TRADE COM'N

Appeal No. 85-1163.

801 F.2d 1336 (1986)

SURFACE TECHNOLOGY, INC., Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, v. ELEKTROSCHMELZWERK KEMPTEN GmbH, et al., and W. Schlafhorst & Co., et al., Intervenors.

United States Court of Appeals, Federal Circuit.

September 23, 1986.

Attorney(s) appearing for the Case

Kenneth J. Burchfiel, Sughrue, Mion, Zinn, Macpeak & Seas, Washington, D.C., for appellant. On the brief for appellant were Sheldon I. Landsman and Thomas J. Macpeak, P.C., of Sughrue, Mion, Zinn, Macpeak & Seas and Italo H. Ablondi, F. David Foster and Sturgis M. Sobin, of Ablondi & Foster, P.C., Washington, D.C.

Judith M. Czako, Office of the Gen. Counsel, U.S. Intern. Trade Com'n, Washington, D.C., for appellee ITC. With her on the brief were Lyn M. Schlitt, Gen. Counsel and Michael P. Mabile, Asst. Gen. Counsel.

Donald D. Evenson, Barnes & Thornburg, Washington, D.C., for intervenor W. Schlafhorst & Co. With him on the brief was Ryan M. Fountain. Also on the brief were Dalbert U. Shefte, of Richards, Shefte & Pinckney, Charlotte, N.C. and Donald E. Knebel, Barnes & Thornburg, Indianapolis, Ind.

Herbert I. Cantor, Cantor & Lessler, of Bethesda, Md., for intervenor Elektroschmelzwerk Kempten GmbH. Also on the brief were Milton J. Wayne and Richard M. Goldberg, Burgess, Ryan & Wayne, of New York City.

Before SMITH, Circuit Judge, SKELTON, Senior Circuit Judge, and BISSELL, Circuit Judge.

EDWARD S. SMITH, Circuit Judge.

In this unfair competition case under 19 U.S.C. § 1337 (1982) (section 337), appellant, Surface Technology, Inc. (Surface), appeals from the determination of the United States International Trade Commission (Commission), that there was no violation of section 337 because, on this record, method claims 2, 12, 13, and 14 of U.S. reissue patent 29,285 (the '285 patent) were invalid, and the remaining product claims were not infringed...

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