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KALLE & CO. v. MULTAZO CO.

No. 7996.

110 F.2d 814 (1940)

KALLE & CO. et al. v. MULTAZO CO., Inc.

Circuit Court of Appeals, Sixth Circuit.

April 8, 1940.

Attorney(s) appearing for the Case

Arthur C. Denison, of Cleveland, Ohio, and Arthur W. Dickey, of Detroit, Mich., (Harness, Dickey & Pierce, of Detroit, Mich., and Werner H. Hutz and Leslie G. Noller, both of New York City, on the brief), for appellants.

Ralph Chappell, of Kalamazoo, Mich. (Ralph L. Chappell and Earl & Chappell, all of Kalamazoo, Mich., on the brief), for appellees.

Before SIMONS, ALLEN, and HAMILTON, Circuit judges.

SIMONS, Circuit Judge.

On appeal from a decree holding patent to Schmidt and Krieger, No. 1,628,279, and patent to Krieger and Zahn, No. 1,803,906, each in the diazo-type copy paper art, invalid, we affirmed, Kalle & Company et al. v. Multazo Co., Inc., 109 F.2d 321. Invalidity of the "16" patent was based on the ground that the claims thereof described a classification of compounds of which some are useful for the successful...

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