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DYKEMA v. LIGGETT DRUG CO.

No. 185.

94 F.2d 648 (1938)

DYKEMA v. LIGGETT DRUG CO., Inc.

Circuit Court of Appeals, Second Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

Stebbins, Blenko & Parmelee, of Pittsburgh, Pa. (Stephen H. Philbin, of New York City, and George E. Stebbins and Edward Hoopes, III, both of Pittsburgh, Pa., of counsel), for Tunis J. Dykema.

Watson, Bristol, Johnson & Leavenworth (James F. Hoge, Lawrence Bristol, and David A. Woodcock, all of New York City, of counsel), for Liggett Drug Co., Inc.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge.

The patent in suit was originally issued to the plaintiff on February 2, 1932, on his application filed February 7, 1931, for a bottle closure and liquid dropper. On January 29, 1935, after the devices alleged to infringe were all on the market, he applied for a reissue. The patent was reissued on that application as reissue No. 19,520 on April 9, 1935, with nine claims of which all but the first are in suit.

The bottle closure and liquid...

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