CORN PRODUCTS COMPANY v. STANDARD BRANDS, INC.

No. 15131.

359 F.2d 739 (1966)

CORN PRODUCTS COMPANY, Plaintiff-Appellant, v. STANDARD BRANDS, INC., Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

April 11, 1966.


Attorney(s) appearing for the Case

W. Houston Kenyon, Jr., New York City, James P. Hume, Granger Cook, Jr., Chicago, Ill., for plaintiff-appellant, Edward W. Greason, William F. Noval, Robert T. Tobin, Kenyon & Kenyon, New York City, Hume, Groen, Clement & Hume, Chicago, Ill., of counsel.

John C. Butler, Chicago, Ill., Hubert Hickam, Indianapolis, Ind., Maxwell Barus, W. Philip Churchill, Albert E. Fey, New York City, for defendant-appellee, Fish, Richardson & Neave, New York City, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., Barnes, Hickam, Pantzer & Boyd, Indianapolis, Ind., of counsel.

Before DUFFY, KNOCH and MAJOR, Circuit Judges.


DUFFY, Circuit Judge.

The complaint herein alleged the infringement of certain claims of the Melnick and Luckmann Patent, No. 2,955,039 issued on October 4, 1960, and owned by the plaintiff. The patent in suit contains sixteen claims of which claims 1, 2 and 9 to 14 are directed to a margarine product, and claims 3 to 8 and 15 and 16 are directed to a process of preparing an edible vegetable oil blend to be used in making margarine. The alleged novelty of the margarine...

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