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MARYLAND BAKING CO., v. OVERLAND CANDY CORPORATION

No. 5987.

87 F.2d 816 (1937)

MARYLAND BAKING CO., Inc., v. OVERLAND CANDY CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

February 4, 1937.

Attorney(s) appearing for the Case

Albert E. Dieterich, of Washington, D. C., and Henry S. Rademacher, of Chicago, Ill. (Howe, Rademacher & Kreamer, of Chicago, Ill., of counsel), for appellant.

Robert H. Wendt, of Chicago, Ill. (Williams, Bradbury, McCaleb & Hinkle, of Chicago, Ill., of counsel), for appellees.

Before SPARKS, Circuit Judge, and LINDLEY and BRIGGLE, District Judges.

LINDLEY, District Judge.

From a decree of the District Court holding patent No. 1,835,719 to Parr, assigned to appellant, invalid and dismissing the bill for want of equity, this appeal is taken. The patent has to do with a specific form of edible ice cream cone. The prior art upon which appellees rely includes Westling, No. 913,597; Menches, No. 924,484; Tatosian, No. 1,440,851; Winder, No. 56,488; Flagstad, No. 1,200,600 all having to do with cones rolled from discs...

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