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MUSHER FOUNDATION v. ALBA TRADING CO.

No. 338.

150 F.2d 885 (1945)

MUSHER FOUNDATION, Inc., v. ALBA TRADING CO., Inc.

Circuit Court of Appeals, Second Circuit.

July 18, 1945.

Attorney(s) appearing for the Case

Eric Y. Munson, of New York City, for appellant.

Joffe & Joffe, of New York City (Joseph Joffe and Benedict Joffe, both of New York City, of counsel) for appellee.

Before L. HAND, AUGUSTUS N. HAND, and CLARK, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff appeals from a judgment dismissing its complaint for the infringement of the two claims of Patent No. 2,221,404, granted to the plaintiff on November 12, 1940, upon the application of Sidney Musher. The defendant did not put in any evidence of the prior art, but relied upon two points: that it did not infringe Claim One and that Claim Two was invalid for indefiniteness. The disclosure is for a process of making an imitation olive...

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