BODINE, District Judge.
This is an action for the infringement of United States letters patent No. 1,404,539, to Nelson, and also the registered trade-marks "Eskimo Pie," No. 155,844, and "Pie," No. 162,585.
The Nelson patent was applied for December 23, 1921, and is for a confection consisting of a block of ice cream coated with chocolate. The claims in suit are the first six.
The gist of the invention, if there be one, is in sealing a block of ice...
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