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GRASSELLI CHEMICAL CO. v. NATIONAL ANILINE & CHEMICAL CO.

No. 267.

26 F.2d 305 (1928)

GRASSELLI CHEMICAL CO. v. NATIONAL ANILINE & CHEMICAL CO., Inc.

Circuit Court of Appeals, Second Circuit.

May 21, 1928.

Attorney(s) appearing for the Case

Mayer, Warfield & Watson, of New York City (F. P. Warfield and Lawrence Bristol, of New York City, and W. T. Cashman, of Cleveland, Ohio, and C. P. Townsend, of New York City, of counsel), for appellant.

Dean S. Edmonds, Frank E. Barrows and Raymond F. Adams, all of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

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

We agree with the plaintiff that the patent in suit describes or rather attempts to describe the same invention as the German patent to Bayer & Company of December 31, 1913, and it cannot be properly understood without recourse to that document. This declares first that bases, other than those described in the earlier patents, are accelerators, regardless of their constitution, provided they have the necessary...

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