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VOGT INSTANT FREEZERS v. NEW YORK ESKIMO PIE CORP.

No. 86.

69 F.2d 84 (1934)

VOGT INSTANT FREEZERS, Inc., v. NEW YORK ESKIMO PIE CORPORATION.

Circuit Court of Appeals, Second Circuit.

February 13, 1934.

Attorney(s) appearing for the Case

Dean, Fairbank, Hirsch & Foster, of New York City (Clair W. Fairbank and S. A. Demma, both of New York City, of counsel), for plaintiff-appellant.

Edward G. Curtis, of New York City (Blair, Curtis & Dunne, of New York City, of counsel), for defendant.

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

CHASE, Circuit Judge.

Both of these patents cover inventions of Clarence W. Vogt. No. 1,733,740 relates to an apparatus for manufacturing ice cream and the like and No. 1,742,171 to a process of such manufacture. Both are the result of one application which was divided during its prosecution in the Patent Office. The method of manufacture with the machine disclosed in No. 1,733,740 is the process covered in No. 1,742,171.

Vogt formerly was in the employ of...

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