Rengo Co. Ltd. And Simon Container MacHinery Limited, in No. 80-2556 v. Molins MacHine Company, Inc., in No. 80-2557
Court of Appeals for the Third Circuit
1ConcurrenceDumbauld, Senior District Judge
I concur with the disposition of this case by the majority opinion, although I should have been willing to affirm simpliciter and approve the District Court’s determination on the crucial issue of validity vel non of the patent, as well as with respect to the incidental issues of jurisdiction, entitlement to the date of foreign filing, adequacy of description and claim, and file-wrapper estoppel.
I believe that the District Court in substance did determine the issue of validity in accordance with the criteria of Graham v. John Deere, 383 U.S. 1, 17, 86 S.Ct. 684, 693, 15 L.Ed.2d 545 (1966),…
2Cases cited6 opinions
- Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
- Anderson's-Black Rock, Inc. v. Pavement Salvage Co.Supreme Court of the United States · 1969
- Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976
- Hadco Products, Inc. v. Walter Kidde & CompanyCourt of Appeals for the Third Circuit · 1972
- Sims v. Mack Truck Corp.Court of Appeals for the Third Circuit · 1979
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