Intermountain Research And Engineering Company, Inc. v. Hercules Incorporated

406 F.2d 133 INTERMOUNTAIN RESEARCH AND ENGINEERING COMPANY, Inc., Ireco Chemicals, and Iron Ore Company of Canada, Plaintiffs-Appellants, v. HERCULES INCORPORATED and Kaiser Steel Corporation, Defendants-Appellees. No. 22142. United States Court of Appeals Ninth Circuit. January 17, 1969. W. Philip Churchill, of Fish, Richardson & Neave, New York City, Harris, Kiech, Russell & Kern, Los Angeles, Cal., for plaintiffs-appellants. Rober D. Fier, of Kenyon & Kenyon, New York City, Kaplan, Livingston, Goodwin, Berkowitz & Selvin, Beverly Hills, Cal., for defendants-appellees. Before MADDEN, * Judge of the United States Court of Claims, MERRILL and HUFSTEDLER, Circuit Judges. J. WARREN MADDEN, Judge: 1 This is an action for an injunction and damages for patent infringement. The District Court granted defendants' motion for summary judgment and held plaintiff's Patent No. 3,113,059 invalid under Title 35 United States Code, § 102 (b) as being anticipated by prior art patents and also under 35 U.S.Code § 103 as being obvious to a person with ordinary skills in the art. We reverse. 2 The alleged infringed patent is referred to herein as the Ursenbach patent. As…