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PAVEMENT SALVAGE CO. v. ANDERSON'S-BLACK ROCK, INC.

No. 12020.

404 F.2d 450 (1968)

PAVEMENT SALVAGE CO., Inc., Appellant, v. ANDERSON'S-BLACK ROCK, INC., Appellee.

United States Court of Appeals Fourth Circuit.

Decided November 6, 1968.

Certiorari Granted March 24, 1969.

Attorney(s) appearing for the Case

Walter J. Blenko, Jr., Pittsburgh, Pa. (Don J. Smith, and Blenko, Leonard & Buell, Pittsburgh, Pa., Edward W. Eardley, and Steptoe & Johnson, Charleston, W.Va., on brief), for appellant.

Alan W. Borst, New York City (Frank L. Taylor, Jr., and Kay, Casto & Chaney, Charleston, W. Va., on brief), for appellee.

Before HAYNSWORTH, Chief Judge, and SOBELOFF and CRAVEN, Circuit Judges.

Certiorari Granted March 24, 1969. See 89 S.Ct. 1194.

HAYNSWORTH, Chief Judge:

The patent owner has appealed from a judgment holding the patent invalid for obviousness. Since we conclude that the patent represents a broader advance than the narrow step which occupied the attention of the District Court, we reverse.

The plaintiff, Pavement Salvage Company, Inc., is the owner of Neville Patent No. 3,055,280 covering "Means for Treating Bituminous Pavement...

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