SONTAG STORES CO. v. NUT CO.

No. 671.

310 U.S. 281 (1940)

SONTAG CHAIN STORES CO., LTD. v. NATIONAL NUT COMPANY OF CALIFORNIA.

Supreme Court of United States.

Decided May 20, 1940.


Attorney(s) appearing for the Case

Mr. Guy A. Gladson, with whom Messrs. Franklin M. Warden and Arthur D. Welton, Jr. were on the brief, for petitioner.

Mr. Hugh N. Orr, with whom Mr. Charles S. Evans was on the brief, for respondent.


MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

The Circuit Court of Appeals declared respondent's reissue patent No. 20,024, for a nut treating apparatus, valid and infringed by petitioner's use of the accused machine, and rejected the defense of intervening rights. The record requires us to consider what effect an enlarged inclusive reissue claim has upon the use of a machine manufactured and operated after grant...

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