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PLANT PRODUCTS CO. v. CHARLES PHILLIPS CHEMICAL CO.

No. 298.

96 F.2d 585 (1938)

PLANT PRODUCTS CO. v. CHARLES PHILLIPS CHEMICAL CO.

Circuit Court of Appeals, Second Circuit.

May 2, 1938.

Attorney(s) appearing for the Case

Ambrose Selig, of New York City (Samuel E. Darby, Jr., of New York City, Jack B. Dworken, of Cleveland, Ohio, of counsel), for appellant.

David A. Woodcock, Watson, Bristol, Johnson & Leavenworth, and Edward S. Rogers, all of New York City, for appellee.

Before MANTON, L. HAND, and SWAN, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from a decree, dismissing a bill in equity for the infringement of claims one and three of patent No. 1,694,341, issued to Frank Crossley. The invention was for a process of producing from milk of magnesia a dry tablet, which, when immersed in water, should revert to that substance. Milk of magnesia is the colloquial name for magnesium hydroxide suspended in water; the drug, being in colloidal form, does not dissolve, but...

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