Robert Sarkisian v. Winn-Proof Corp., William A. Werner, and Wer-Nel Enterprises, Inc.

ALARCON, Circuit Judge:

The original decision in this ease, which appeared at 662 F.2d 596 (9th Cir.1981), was withdrawn pending the Ninth Circuit’s en banc review of the question of the appropriate standard of patentability for mechanical combination patents. Three cases were consolidated in the en banc panel’s review: Sarkisian v. Winn-Proof Corp., 686 F.2d 671 (9th Cir.1981); Carson Mfg. Co., Inc. v. Carsonite International Corp., Inc., 658 F.2d 1306 (9th Cir.1981) and Hammerquist v. Clarke’s Sheet Metal, Inc., 658 F.2d 1319 (9th Cir.1981). In its decision, the en banc panel held that “a…