BARBER ASPHALT CO. v. STULZ-SICKLES CO.

No. 6171.

89 F.2d 960 (1937)

BARBER ASPHALT CO. v. STULZ-SICKLES CO. et al.

Circuit Court of Appeals, Third Circuit.

April 19, 1937.


Attorney(s) appearing for the Case

Busser & Harding, of Philadelphia, Pa. (Frank S. Busser and George J. Harding, both of Philadelphia, Pa., of counsel), for appellant.

Samuel Ostrolenk, of New York City, for appellees.

Before BUFFINGTON, DAVIS, and THOMPSON, Circuit Judges.


BUFFINGTON, Circuit Judge.

The primary question in this case is the validity of patent No. 1,684,671, granted September 18, 1928, to Harold P. Hayden, assignor to Barber Asphalt Company, the present plaintiff, for "method of preventing evaporation from concrete during curing." The practice of the art prior to the patent in suit, the objections thereto, the novel means the patentee disclosed to overcome these objections, their effectiveness and money saving, are set...

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