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JENSEN-SALSBERY LABORATORIES v. O. M. FRANKLIN BLACKLEG S. CO.

No. 1013.

74 F.2d 501 (1934)

JENSEN-SALSBERY LABORATORIES, Inc., v. O. M. FRANKLIN BLACKLEG SERUM CO.

Circuit Court of Appeals, Tenth Circuit.

December 6, 1934.

Attorney(s) appearing for the Case

Thos. M. Lillard, of Topeka, Kan., and Henry N. Ess, of Kansas City, Mo. (Thorpe & Thorpe and I. N. Watson, all of Kansas City, Mo., on the brief), for appellant.

M. F. Cosgrove, of Topeka, Kan., and A. J. O'Brien, of Denver, Colo. (Doran, Kline, Colmery & Cosgrove, of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

A rehearing was granted herein limited to two questions: Is the patent valid, and does Jensen-Salsbery "treat the resulting product" in the sense this phrase is used in the claims.

The essential facts are stated in our former opinion. See Jensen-Salsbery Lab. Co. v. O. M. Franklin Blackleg S. Co. (C. C. A. 10) 72 F.2d 15.

At the rehearing counsel for Franklin Company contended that the last...

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