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STANDARD OIL DEVELOPMENT CO. v. JAMES B. BERRY SONS CO.

No. 6212.

92 F.2d 386 (1937)

STANDARD OIL DEVELOPMENT CO. v. JAMES B. BERRY SONS CO., Inc.

Circuit Court of Appeals, Third Circuit.

September 24, 1937.

Attorney(s) appearing for the Case

Merrell E. Clark, Joseph V. Meigs, and Charles H. Walker, all of New York City (Brown, Critchlow & Flick, of Pittsburgh, Pa., of counsel), for appellant.

Wm. F. Hall, of Washington, D. C., and Thomas G. Haight, of Jersey City, N. J., for appellee.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BUFFINGTON, Circuit Judge.

In the court below the Standard Oil Development Company charged James B. Berry Sons Company, Inc., with infringement of claims 10, 11, and 12 of patent No. 1,756,032, applied for June 8, 1922, and granted April 29, 1930, to N. E. Loomis, for "art of continuous distillation," and claims 1-4 of patent No. 1,746,198, applied for June 22, 1924, and granted February 4, 1930, to Loomis and Lewis for "vacuum...

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