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HEALTH PRODUCTS CORPORATION v. EX-LAX MFG. CO.

No. 2237.

24 F.2d 245 (1926)

HEALTH PRODUCTS CORPORATION v. EX-LAX MFG. CO., Inc.

District Court, E. D. New York.

November 17, 1926.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (Charles Neave, Dean S. Edmonds, and Frank E. Barrows, all of New York City, of counsel), for plaintiff.

Mayer, Warfield & Watson, of New York City (F. P. Warfield, L. A. Watson, and Irvin A. Edelman, all of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

This is a suit for a patent infringement, brought by the Health Products Corporation, owner of Sulzberger patent, No. 1,038,227, against the Ex-Lax Manufacturing Company, for the manufacture of a chewing gum containing phenolpthalein. The title to the patent is not in dispute. The question before this court is whether the patent is valid and has been infringed.

Claim 1 of the Sulzberger patent No. 1,038,227, reads: "A chewing gum...

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