Exxon Chemical Patents, Inc., Exxon Corporation and Exxon Research and Engineering Co. v. Lubrizol Corporation

77 F.3d 450, 37 U.S.P.Q. 2d (BNA) 1767, 1996 U.S. App. LEXIS 3150, 1996 WL 79824

Opinions

ORDER

A combined petition for rehearing and suggestion for rehearing in banc having been filed by the appellee, and a response thereto having been invited by the court and filed by the appellant, and the petition for rehearing having been referred to and acted upon by the panel that heard the appeal, and, thereafter, the suggestion for rehearing in banc, the response and a reply to the response, having been referred to the judges authorized ■ to request a poll whether to rehear the appeal in banc, and a poll having been requested, taken, and failed, it is

ORDERED that the petition for rehearing be, and the same hereby is DENIED; and it is further

ORDERED that the suggestion for rehearing in banc be, and the same hereby is, DECLINED.

Circuit Judge Mayer concurs in a separate opinion. Circuit Judge Clevenger, with whom Circuit Judge Plager joins, concurs in a separate opinion. Circuit Judge Newman dissents in a separate opinion. Chief Judge Archer, Circuit Judge Rich, and Circuit Judge Sehall did not participate in the poll.