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PIERCE v. ALLEN B. DU MONT LABORATORIES, INC.

No. 13279.

297 F.2d 323 (1961)

Helen Russell PIERCE, Executrix of the Last Will and Testament of George Washington Pierce, Deceased, Appellant, v. ALLEN B. DU MONT LABORATORIES, INC.

United States Court of Appeals Third Circuit.

Decided November 29, 1961.

Rehearing Denied December 26, 1961.

Attorney(s) appearing for the Case

Thomas Cooch, Weston, Mass. (Robert H. Rines, Boston, Mass., on the brief), for appellant.

Floyd H. Crews, New York City (Darby & Darby, Donald J. Overocker, Gordon D. Coplein, New York City, on the brief), for appellee.

Before BIGGS, Chief Judge, and HASTIE and FORMAN, Circuit Judges.

HASTIE, Circuit Judge.

This appeal has been taken from a judgment of a district court in a patent infringement suit. The trial court held that claims 3, 26, 40, 51, 52, 54-56, and 61-68 of Pierce Patent No. 2,133,642 were invalid for double patenting over the earlier Pierce Patent No. 1,789,496.1 D.Del.1959, 178 F.Supp. 84. For convenience the numbers of the...

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