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BAKELITE CORPORATION v. BRUNSWICK-BALKE-COLLENDER CO.

No. 3434.

18 F.2d 384 (1927)

BAKELITE CORPORATION v. BRUNSWICK-BALKE-COLLENDER CO.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied May 2, 1927.

Attorney(s) appearing for the Case

Charles Neave, of New York City, C. P. Townsend, of Washington, D. C., and Maxwell Barus, of New York City, for appellant.

William H. Davis, Frank E. Barrows, and John F. Neary, all of New York City, for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

BUFFINGTON, Circuit Judge.

This case, a patent one, concerns a billiard ball, which defendant makes, and which plaintiff alleges infringes its patent. The ball defendant makes, and which takes the place of the commonly used ivory billiard balls, is made of phenol and formaldehyde, and prior to the plaintiff's patent no such billiard balls were ever made or their possibility suggested. There being no such prior art, the plaintiff's assignor, Leo H. Baekeland, on July...

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