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DETHMERS MFG. COMPANY INC., v. AUTOMATIC EQUIPMENT MFG CO.

Nos. 00-1114, 00-1130.

293 F.3d 1364 (2002)

DETHMERS MANUFACTURING COMPANY, INC., Plaintiff-Appellant, v. AUTOMATIC EQUIPMENT MFG CO., Appellant.

United States Court of Appeals, Federal Circuit.

June 13, 2002.

Attorney(s) appearing for the Case

David A. Tank, Davis, Brown, Koehn, Shors & Roberts, P.C., of Des Moines, IA, filed a petition for rehearing en banc for plaintiff-appellant. With him on the petition were Brian J. Laurenzo and Michael C. Gilchrist, Dorsey & Whitney, LLP, of Des Moines, IA.

Timothy R. Engler, Harding, Schultz & Downs, of Lincoln, NE, filed a response for defendant-cross appellant. With him on the response was Donald R. Schoonover, Schoonover Law Firm, of Fremont Hills, MO.

John M. Whealan, Solicitor, United States Patent and Trademark Office, of Arlington, Virginia, filed an amicus curiae brief for the Director of the United States Patent and Trademark Office. With him on the brief were Kristin L. Yohannan and Cynthia C. Lynch, Associate Solicitors.

ON PETITION FOR REHEARING EN BANC

ORDER

A petition for rehearing en banc was filed by the Appellant, and a response thereto was invited by the court and filed by the Cross Appellant. The United States Patent and Trademark Office filed a brief as amicus curiae.

This matter was referred first as a petition for rehearing to the merits panel that heard this appeal. Thereafter, the petition for rehearing...

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