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R. H. COMEY CO. v. MONTE CHRISTI CORPORATION

No. 3503.

17 F.2d 910 (1927)

R. H. COMEY CO. v. MONTE CHRISTI CORPORATION et al.

Circuit Court of Appeals, Third Circuit.

March 2, 1927.

Attorney(s) appearing for the Case

George Ramsey, of New York City, C. S. Grindle, of Washington, D. C., C. F. Chisholm, of New York City, and Wicoff & Lanning, of Trenton, N. J., for appellant.

William S. Gluck, J. T. Basseches, I. M. Obrieght, and Clair W. Fairbank, all of New York City, for appellees.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

WOOLLEY, Circuit Judge.

In this suit for infringement, the trial court found the first and second claims of letters patent No. 1,000,298, issued August 8, 1911, to Leopold Sarason, and now owned by the plaintiff, invalid, and accordingly dismissed the bill. The plaintiff took this appeal. We shall confine our discussion to the issue of validity.

The patent is not for a process; it is for an article in the form of a "preparation for slowly liberating oxygen...

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