BRESNICK v. UNITED STATES VITAMIN CORPORATION

No. 95.

139 F.2d 239 (1943)

BRESNICK et al. v. UNITED STATES VITAMIN CORPORATION.

Circuit Court of Appeals, Second Circuit.

November 17, 1943.


Attorney(s) appearing for the Case

Morris Kanfer, of Brooklyn, N. Y., for appellants.

C. P. Goepel, of New York City, for appellee.

Before L. HAND, CLARK, and FRANK, Circuit Judges.


L. HAND, Circuit Judge.

This is an appeal from a judgment dismissing a complaint upon claim five of Patent No. 2,007,108, issued to the plaintiffs' assignor, Harry Bresnick, on July 2, 1935. The invention was of a process and product to preserve the potency of "fish-liver oils of high vitamin content," and to mask their unpleasant odor and taste. Concentrates of these contain vitamins A and D of high potency, the first of which is particularly subject to "oxidation...

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