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TOL-O-MATIC v. PROMA PRODUKT-UND MARKETING

Nos. 90-1153, 90-1165.

945 F.2d 1546 (1991)

TOL-O-MATIC, INC., Plaintiff/Cross-Appellant, v. PROMA PRODUKT-UND MARKETING GESELLSCHAFT m.b.H. and Norgren Co., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

September 26, 1991.

Attorney(s) appearing for the Case

John M. Mason, Dorsey & Whitney, Minneapolis, Minn., argued for plaintiff/cross-appellant. With him on the brief were James H. Patterson, Richard C. Strasser and Peggy L. Hicks, of counsel.

George G. Matava, Sheridan, Ross & McIntosh, Denver, Colo., argued for defendants-appellants. With him on the brief were Craig C. Groseth and Todd P. Blakely.

Before NEWMAN and RADER, Circuit Judges, and SKELTON, Senior Circuit Judge.

PAULINE NEWMAN, Circuit Judge.

This appeal is taken from the judgment of the United States District Court for the District of Colorado, holding claims 25-31 of the patent in suit invalid for lack of utility, unenforceable based on inequitable conduct, and not infringed.1 The judgment of unenforceability and invalidity are reversed. The judgment of noninfringement is affirmed.

The Patented Invention

Proma Produkt...

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