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ENVIROTECH CORP. v. WESTECH ENGINEERING INC.

No. 89-1596.

904 F.2d 1571 (1990)

ENVIROTECH CORPORATION d/b/a Eimco Process Equipment Company, Plaintiff-Appellant, v. WESTECH ENGINEERING INCORPORATED, James V. Larsen and Lowell L. Palm, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Rehearing Denied July 2, 1990.

Suggestion for Rehearing Declined August 28, 1990.

Attorney(s) appearing for the Case

Gordon L. Roberts, Parsons, Behle & Latimer, Salt Lake City, Utah, argued for plaintiff-appellant. With him on the brief were Raymond J. Etcheverry, David G. Mangum, C. Kevin Speirs. Also on the brief were William S. Britt and Thomas J. Rossa, Trask, Britt & Rossa, Salt Lake City, Utah, of counsel.

Earl D. Tanner, Sr., Tanner, Bowen & Tanner, Salt Lake City, Utah, argued for defendants-appellees. With him on the brief was Richard F. Bojanowski, Salt Lake City, Utah.

Before ARCHER, MAYER and PLAGER, Circuit Judges.

Suggestion for Rehearing In Banc Declined August 28, 1990.

OPINION

MAYER, Circuit Judge.

Envirotech Corporation appeals the judgment of the United States District Court for the District of Utah, 713 F.Supp. 372, 11 USPQ2d 1804 (1989), holding U.S. Patent No. 4,391,705 (Cook) invalid under 35 U.S.C. § 102(b) (1982). We reverse and remand.

Background

The patented invention is a ballasted...

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