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M & R DIETETIC LABORATORIES, INC. v. DEAN MILK COMPANY

No. 55 C 330.

203 F.Supp. 130 (1961)

M & R DIETETIC LABORATORIES, INC., Plaintiff, v. DEAN MILK COMPANY, Defendant.

United States District Court N. D. Illinois, E. D.

November 21, 1961.

Attorney(s) appearing for the Case

Sidney Wallenstein, Wallenstein, Spangenberg & Hattis, R. Howard Goldsmith, Schneider, Dressler, Goldsmith & Clement, Chicago, Ill., for plaintiff.

Thomas C. McConnell, Dugald S. McDougall, Herman I. Hersh, Theodore R. Scott, Chicago, Ill., for defendant.

ROBSON, District Judge.

This suit involves Patent No. 2,503,866, issued April 11, 1950, on an application filed November 2, 1946.1 The patent concerns a "preparation of a stabilized cream product," a dried cream2 product usable directly in hot coffee.

A study of the evidence and legal precedent impels the Court to conclude that the process and product claims, claims 1-3 and 15-25 of the patent, are...

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