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HALL LABORATORIES v. ECONOMICS LABORATORY

No. 13661.

169 F.2d 65 (1948)

HALL LABORATORIES, Inc. v. ECONOMICS LABORATORY, Inc.

Circuit Court of Appeals, Eighth Circuit.

July 6, 1948.

Attorney(s) appearing for the Case

Walter J. Blenko, of Pittsburgh, Pa. (Fred N. Furber, of Minneapolis, Minn., Stebbins, Blenko & Webb, of Pittsburgh, Pa., and Fowler, Youngquist, Furber, Taney & Johnson, of Minneapolis, Minn., on the brief), for appellant.

R. T. McLean, of New York City (Oppenheimer, Hodgson, Brown, Donnelly & Baer and Montreville J. Brown, all of St. Paul, Minn., Pennie, Edmonds, Morton & Barrows, F. E. Barrows and W. B. Morton, Jr., all of New York City, on the brief), for appellee.

Before GARDNER, WOODROUGH, and COLLET, Circuit Judges.

WOODROUGH, Circuit Judge.

This is an appeal from a judgment dismissing plaintiff's suit for infringement of its two patents, No. Re 19719 entitled "Water Softening and Washing" and No. 2035652, entitled "Washing and Cleaning", both to Ralph E. Hall as inventor. The trial court held the patents invalid for lack of invention over an old publication referred to as the "Fresenius text" and also on the ground that the descriptions used in the two composition claims relied...

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