DEWEY & ALMY CHEMICAL CO. v. MIMEX CO.

No. 126.

124 F.2d 986 (1942)

DEWEY & ALMY CHEMICAL CO. et al. v. MIMEX CO., Inc.

Circuit Court of Appeals, Second Circuit.

January 5, 1942.


Attorney(s) appearing for the Case

John W. Hoag, of New York City (George P. Dike, and George P. Towle, Jr., both of Boston, Mass., of counsel), for appellants.

Maxwell James and James & Franklin, all of New York City, for appellee.

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


L. HAND, Circuit Judge.

The plaintiffs appeal from a judgment dismissing their complaint for the infringement of all the claims of Patent No. 1,582,219, issued on April 27, 1926, to Hopkinson and Dewey; and of all the claims of Patent No. 1,765,134, issued on June 17, 1930, to Dewey and Crocker. The judge held both patents invalid; he also held that the defendant did not infringe the first patent; infringement of the second patent is admitted. Both inventions are...

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