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BINNEY & SMITH CO. v. UNITED CARBON CO.

No. 4837.

126 F.2d 3 (1942)

BINNEY & SMITH CO. v. UNITED CARBON CO. et al.

Circuit Court of Appeals, Fourth Circuit.

March 11, 1942.

Attorney(s) appearing for the Case

Dean S. Edmonds, of New York City (Roger T. McLean, of New York City, Howard R. Klostermeyer and Price, Smith & Spilman, all of Charleston, W. Va., and Pennie, Davis, Marvin & Edmonds, of New York City, on the brief), for appellant.

George P. Dike, of Boston, Mass. (Arthur M. Smith, of Boston, Mass., and Osman E. Swartz, of Charleston, W. Va., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PER CURIAM.

The petition for rehearing herein presents no matter not already fully considered. Nothing in the Knowlton and Hoffman patent has been overlooked. It is true that that patent speaks of using "water or other volatile liquid alone"; but the patent does not disclose how this may be done in such way as to produce the pellets of the patent in suit, and the mere reference to the Geer patent did not enable the industry to combine the two processes so as to produce...

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