JOHN ZINK CO. v. NATIONAL AIROIL BURNER CO.

No. 77-3071.

613 F.2d 547 (1980)

JOHN ZINK COMPANY, Plaintiff-Appellee Cross-Appellant, v. NATIONAL AIROIL BURNER COMPANY, INC., Defendant-Appellant Cross-Appellee.

United States Court of Appeals, Fifth Circuit.

March 12, 1980.


Attorney(s) appearing for the Case

Jack W. Hayden, Houston, Tex., Zachary T. Wobensmith, Philadelphia, Pa., for defendant-appellant cross-appellee.

James F. Weiler, Houston, Tex., James R. Head, Tulsa, Okl., for plaintiff-appellee cross-appellant.

Before GOLDBERG, FAY and ANDERSON, Circuit Judges.


FAY, Circuit Judge:

John Zink Company (Zink) brought this action against National Airoil Burner Company, Inc. (NAO) for infringement of claims 5, 6, 8, and 10 of Zink's patent number 2,779,399 ('399 patent), for a Flare Stack Gas Burner,1 issued January 29, 1954. NAO denies that it infringed the patent, and claims that the patent is invalid and obvious in view of the prior art. NAO appeals from a judgment of $100,000 for Zink. Zink cross...

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