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

No. 39.

22 F.2d 286 (1927)

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

Circuit Court of Appeals, Second Circuit.

November 1, 1927.

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 appellant.

Kirsh, Edelman & Brandeis, of New York City (Edwin L. Garvin, Wallace T. Stock, and Irvin A. Edelman, all of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge (after stating the facts as above).

We do not find it necessary to say whether the substitution of phenolphthalein for cascara in a laxative chewing gum would be an invention. Perhaps not, however great the success when it appeared. Again, we do not find it necessary to say whether, if that substitution be an invention, the claim in suit will cover a gum in which the laxative is not mixed in during manufacture, but is dusted upon the outside...

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