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FREDERICK STEARNS & CO. v. GROVE'S LABORATORIES

No. 10743.

87 F.2d 822 (1937)

FREDERICK STEARNS & CO. v. GROVE'S LABORATORIES, Inc.

Circuit Court of Appeals, Eighth Circuit.

February 3, 1937.

Attorney(s) appearing for the Case

Clarence B. Zewadski, of Detroit, Mich. (Bruninga & Sutherland, of St. Louis, Mo., on the brief), for appellant.

William K. Small, of St. Louis, Mo., for appellee.

Before SANBORN, WOODROUGH, and BOOTH, Circuit Judges.

SANBORN, Circuit Judge.

This is a suit for infringement of United States Letters patent No. 1,890,860 for a "therapeutic agent," applied for by Allen L. Omohundro on March 22, 1930, and issued to Frederick Stearns & Co., his assignee, on December 13, 1932. The court below concluded that the subject matter of the patent did not involve invention and was not novel, that the applicant was not the first inventor, and that the alleged invention was known to and published...

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