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PEMCO PRODUCTS, INC. v. GENERAL MILLS, INC.

No. 13482.

261 F.2d 302 (1958)

PEMCO PRODUCTS, INC., Appellant, v. GENERAL MILLS, INC., Appellee.

United States Court of Appeals Sixth Circuit.

December 8, 1958.

Attorney(s) appearing for the Case

Gordon W. Daisley, Washington, D. C. (Charles O. Marshall, Jr., Toledo, Ohio, Kenneth E. Midgley, Kansas City, Mo., on brief), for appellant.

Charles J. Merriam, Chicago, Ill. (Carl F. Schaffer, Toledo, Ohio, on brief), for appellee.

Before ALLEN, Chief Judge, MARTIN, Circuit Judge, and THORNTON, District Judge.

PER CURIAM.

This appeal attacks a judgment of the District Court finding Claims 2, 7, and 9 of United States Patent No. 2,696,455, issued on December 7, 1954, to Dr. Harry E. Blair on an application filed May 19, 1952, invalid because the claims are too broad and overclaim the invention, and dismissing the complaint.1 Plaintiff's action was for infringement, injunction and other relief. The complaint alleged that defendant, by making and...

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