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NATIONAL CARBON CO. v. RICHARDS & CO.

No. 327.

85 F.2d 490 (1936)

NATIONAL CARBON CO., Inc., v. RICHARDS & CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

August 10, 1936.

Attorney(s) appearing for the Case

Gifford, Scull & Burgess, of New York City (Newton A. Burgess, of New York City, of counsel), for appellants.

Watson, Bristol, Johnson & Leavenworth, of New York City (L. A. Watson, C. V. Johnson, and C. P. Bauer, all of New York City, of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

SWAN, Circuit Judge.

The patents in suit relate to improvements in adsorptive carbon and the process of making the same. The defendants are not charged with infringement of the patented process, but with infringement of certain product claims by the use of infringing carbon in their business. One of the defendants, the Zapon Company, has succeeded to the assets and liabilities of the other, Richards & Co. Inc., and they have successively owned and operated a plant...

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