HATMAKER v. DRY MILK CO.

No. 330.

34 F.2d 609 (1929)

HATMAKER v. DRY MILK CO.

Circuit Court of Appeals, Second Circuit.

July 3, 1929.


Attorney(s) appearing for the Case

James R. Hatmaker, pro se.

Fritz von Briesen, of New York City, for appellee.

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


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

We quite agree with the disposition of claims 3 and 4. When the original claims were rejected, the plaintiff, with full knowledge of the circumstances, expressly disavowed any claims in which the surface temperature should be lower than 270° F. He was scarcely under a mistake at the time; he had been confronted with Just's patent, in which that had been the higher limit, and he chose to take that part...

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