GENERAL FOODS CORPORATION v. BRODER

No. 7926.

80 F.2d 492 (1935)

GENERAL FOODS CORPORATION v. BRODER.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied January 13, 1936.


Attorney(s) appearing for the Case

Todd, Holman & Sprague and Lucien F. Marion, all of Seattle, Wash. (Wm. B. Kerkam and Ralph H. Hudson, both of Washington, D. C., of counsel), for appellant.

Hoof & Winston, of Seattle, Wash., for appellee.

Before WILBUR, GARRECHT, and MATHEWS, Circuit Judges.


WILBUR, Circuit Judge.

The plaintiff manufactures and sells a jelly forming substance containing pectin in solution, derived from apples, under the trade name "Certo." The defendant manufactures and sells substantially the same solution of pectin derived from citrus fruit under the name of "Jel-Jam." The plaintiff's product is manufactured in accordance with the process claim of expired patent No. 1,082,682, but the defendant's product is not so manufactured.

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