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GENERAL FOODS v. STUDIENGESELLSCHAFT KOHLE MbH

No. 91-1418.

972 F.2d 1272 (1992)

GENERAL FOODS CORPORATION, Plaintiff-Appellee, v. STUDIENGESELLSCHAFT KOHLE mbH, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined October 2, 1992.

Attorney(s) appearing for the Case

Paul H. Heller, Kenyon & Kenyon, New York City, argued for plaintiff-appellee. With him on the brief were Richard L. DeLucia, James Galbraith and Richard S. Gresalfi.

Arnold Sprung, Sprung, Horn, Kramer & Woods, Tarrytown, N.Y., argued for defendant-appellant. With him on the brief was Nathaniel D. Kramer.

Before RICH, Circuit Judge, SKELTON, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

Rehearing Denied; Suggestion for Rehearing In Banc Declined October 2, 1992.

RICH, Circuit Judge.

Studiengesellschaft Kohle mbH (SGK), as trustee for real-party-in-interest Max Planck Institute for Coal Research, appeals from the June 12, 1991 judgment of the United States District Court for the Southern District of New York, Civil Action No. 88-8343, declaring invalid claims 1 and 4 of SGK's U.S. Patent No. 4,260,639 ('639 patent), titled "Process for the...

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