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BLOOM ENGINEERING v. NORTH AMERICAN MANUFACTURING

No. 97-1139.

129 F.3d 1247 (1997)

BLOOM ENGINEERING COMPANY, INC., Plaintiff-Appellant, v. NORTH AMERICAN MANUFACTURING COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

November 21, 1997.

Attorney(s) appearing for the Case

Russell D. Orkin, Webb Ziesenheim Bruening Logsdon Orkin & Hanson, P.C., Pittsburgh, PA, argued for plaintiff-appellant. With him on the brief were William H. Webb and John W. McIlvaine.

Timothy J. O'Hearn, Jones, Day, Reavis & Pogue, Cleveland, OH, argued for the defendant-appellee.

Before NEWMAN, MAYER, and SCHALL, Circuit Judges.

PAULINE NEWMAN, Circuit Judge.

Bloom Engineering Company appeals the judgment of the United States District Court for the Western District of Pennsylvania,1 ruling that North American Manufacturing Company is not liable for infringement of Bloom's reexamined United States Patent No. 4,828,483 (the '483 patent) during the period before issuance of the reexamination certificate, because the claims were substantively changed during reexamination...

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