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B. B. CHEMICAL CO. v. CATARACT CHEMICAL CO.

No. 2218.

35 F.Supp. 586 (1940)

B. B. CHEMICAL CO. v. CATARACT CHEMICAL CO., Inc.

District Court, W. D. New York.

May 31, 1940.

Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y. (Fish, Richardson & Neave, Harrison F. Lyman, and Charles E. Hammett, Jr., all of Boston, Mass., of counsel), for plaintiff.

Albert R. Henry, of Buffalo, N. Y. (D. Rumsey Wheeler, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

A rehearing herein was granted on the application of the defendant. This action was taken to present new matter relative to the validity of Claim 2. This Claim was heretofore held to be valid. The application was granted particularly for the purpose of reconsideration of certain phases of Byers Patent No. 1,361,961 and Brick Patent No. 1,389,575.

In holding that Claim 1 was not infringed and that Claim 2 was infringed, I held the view...

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