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SPARLING v. MARZALL

Civ. A. 1769-51.

109 F.Supp. 922 (1953)

SPARLING v. MARZALL, Commissioner of Patents.

United States District Court District of Columbia.

As Amended February 11, 1953.

Attorney(s) appearing for the Case

Cushman, Darby & Cushman, Washington, D. C., for plaintiff.

E. L. Reynolds, Solicitor, U. S. Patent Office, Washington, D. C., for defendant.

KEECH, District Judge.

This proceeding is an application for a patent on "a medicinal preparation for internal use by oral administration for the treatment of duodenal and stomach ulcers in which the essential remedial ingredients for the treatment stated consist of balsam of Peru in combination with lanolin."

The healing property of balsam of Peru has been well known in the healing art for many years, as shown by its ordinary dictionary definition,

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