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TILLOTSON, LTD. v. WALBRO CORP.

No. 86-1189.

831 F.2d 1033 (1987)

TILLOTSON, LTD., Appellant, v. WALBRO CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

October 15, 1987.

Attorney(s) appearing for the Case

Jeffrey A. Sadowski, of Harness, Dickey & Pierce, Birmingham, Mich., argued for appellant. With him on the brief was Ernest A. Beutler, of Harness, Dickey & Pierce, Birmingham, Mich.

George E. Frost, of Barnes, Kisselle, Raisch, Choate, Whittemore and Hulbert, Birmingham, Mich., argued for appellee. With him on the brief were Robert C. Choate and William H. Francis, of Barnes, Kisselle, Raisch, Choate, Whittemore and Hulbert, Birmingham, Mich.

Before DAVIS, SMITH and ARCHER, Circuit Judges.

ARCHER, Circuit Judge.

Tillotson, Ltd. (Tillotson) appeals from a judgment of the United States District Court for the Eastern District of Michigan, Case No. 85-CV-10270-BC, granting summary judgment in favor of Walbro Corporation (Walbro) and holding Reissue Patent No. 31,233 ('233), assigned to Tillotson, invalid under 35 U.S.C. § 251 (1982). We vacate and remand.

Background

U.S. Patent No. 3,738,608 ('608) issued to Warren D. Nutten and Bernard...

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