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NATIONAL RECOVERY TECHNOLOGIES v. MAGNETIC SEPARATION SYSTEMS

No. 98-1134.

166 F.3d 1190 (1999)

NATIONAL RECOVERY TECHNOLOGIES, INC., Plaintiff-Appellant, v. MAGNETIC SEPARATION SYSTEMS, INC. and Garry R. Kenny, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

February 4, 1999.

Attorney(s) appearing for the Case

John J. Feldhaus, Foley & Lardner, of Washington, DC, argued for plaintiff-appellant. With him on the brief were George E. Quillin, Glenn Law, and Pavan K. Agarwal.

Mark J. Patterson, Waddey & Patterson, of Nashville, Tennessee, argued for defendants-appellees. With him on the brief was Edward D. Lanquist, Jr.

Before RADER, SCHALL, and GAJARSA, Circuit Judges.

GAJARSA, Circuit Judge.

DECISION

National Recovery Technologies, Inc. ("NRT") appeals from the October 29, 1997 judgment of the United States District Court for the Middle District of Tennessee, No. 3-96-0154, granting summary judgment to Magnetic Separation Systems, Inc. and Garry R. Kenny (collectively "MSS"). The district court held that claim 1 of U.S. Patent No. 5,260,576 ("the '576 patent") was invalid for lack of enablement under 35 U.S.C. §...

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