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ARRHYTHMIA RESEARCH TECHNOLOGY v. CORAZONIX CORP.

No. 91-1091.

958 F.2d 1053 (1992)

ARRHYTHMIA RESEARCH TECHNOLOGY, INC., Plaintiff-Appellant, v. CORAZONIX CORPORATION, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied May 5, 1992.

Attorney(s) appearing for the Case

John F. Flannery, Fitch, Even, Tabin & Flannery, Chicago, Ill., argued for plaintiff-appellant. With him on the brief was Robert J. Fox.

Robert W. Turner, Jones, Day, Reavis & Pogue, Dallas, Tex., argued for defendant-appellee. With him on the brief was John E. Vick, Jr., Hubbard, Thurman, Tucker & Harris, Dallas, Tex.

Before NEWMAN, LOURIE and RADER, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Arrhythmia Research Technology, Inc. appeals the grant of summary judgment by the United States District Court for the Northern District of Texas1 declaring United States Patent No. 4,422,459 to Michael B. Simson (the '459 or Simson patent) invalid for failure to claim statutory subject matter under 35 U.S.C. § 101. The court did not decide the question of infringement.

We conclude that the claimed...

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