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PERKIN-ELMER CORP. v. WESTINGHOUSE ELEC. CORP.

Appeal No. 86-646.

822 F.2d 1528 (1987)

The PERKIN-ELMER CORPORATION, Appellant, v. WESTINGHOUSE ELECTRIC CORPORATION, Appellee.

United States Court of Appeals, Federal Circuit.

June 24, 1987.

Attorney(s) appearing for the Case

Francis T. Carr, Kenyon & Kenyon, New York City, for appellant. With him on brief were John C. Altmiller, Michael J. Lennon and Steven Anzalone.

Robert E. Isner, Nims, Howes, Collison & Isner, New York City, for appellee. With him on brief were William R. Hansen and Margaret Ranft. Also on brief was Walter G. Sutcliff, Westinghouse Elec. Corp., of Pittsburgh, Pa.

Before MARKEY, Chief Judge, NEWMAN and ARCHER, Circuit Judges.

MARKEY, Chief Judge.

Appeal from a judgment of the United States District Court for the Eastern District of New York. The district court found that Westinghouse's accused devices do not infringe claim 1 under the doctrine of equivalents. Unable to view that finding as clearly erroneous under Fed.R.Civ.P. 52(a), we affirm.

I.

Perkin-Elmer sued Westinghouse for infringing its U.S. Patent No. 3,873,884 (the '884 patent) on an invention of Fred C. Gabriel...

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