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KELLEY v. HEYMAN PROCESS CORPORATION

3 F.Supp. 362 (1933)

KELLEY et al. v. HEYMAN PROCESS CORPORATION.

District Court, S. D. New York.

May 18, 1933.

Attorney(s) appearing for the Case

Usina & Rauber, of New York City (George I. Haight, of Chicago, Ill., of counsel), for plaintiffs.

Charles H. Wilson, of New York City, for defendant.

COLEMAN, District Judge.

The two patents in suit cover a step in the manufacture of chocolate milk beverages the purpose of which is to prevent the precipitation of the chocolate fibers to the bottom and the rising of the fatty constituents to the top of the liquid. An application for a patent with generic and specific claims was filed by North on August 15, 1925, but subsequently by direction of the patent office a division was made and the two patents were issued...

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