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INTERNATIONAL VITAMIN CORP. v. E. R. SQUIBB & SONS

No. 272.

64 F.2d 20 (1933)

INTERNATIONAL VITAMIN CORPORATION v. E. R. SQUIBB & SONS.

Circuit Court of Appeals, Second Circuit.

April 3, 1933.

Attorney(s) appearing for the Case

Gifford, Scull & Burgess, of New York City (George F. Scull and Charles W. Mortimer, both of New York City, of counsel), for appellant.

Satterlee & Canfield, of New York City (Albert M. Austin, Ernest F. Staub, and Reuben T. Carlson, all of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is the usual suit in equity upon a patent for a process of extracting the vitamins from organic oils. The only issue is infringement. Vitamins are contained in the unsaponifiable parts of the oil, and the process is to extract these and the vitamins with them, by means of a solvent, leaving the bulk of the oil as soap. The art had progressed far in this direction, and the patented process was only for a more convenient method of extraction...

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