Continental Oil Company, Cross-Appellee v. Jimmy R. Cole, D/B/A Jim R. Cole & Associates and Cole Development Co. Inc., Cross-Appellants

POLITZ, Circuit Judge:

Continental Oil Company (Conoco) appeals the determination by the trial court that its patent for a seismic cable depth-controlling paravane is not infringed by a device patented by Jimmy R. Cole. Cole cross-appeals, challenging the validity of Conoco’s patent. We disagree with the trial judge and conclude that Cole’s device infringes, being equivalent in function and operation to Conoco’s paravane. We also conclude that Conoco’s patent is valid. We therefore reverse the decision of the trial judge, render judgment in favor of Conoco and remand for further proceedings.

The…