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KOPPERS COMPANY v. FOSTER GRANT CO.

No. 6971.

396 F.2d 370 (1968)

KOPPERS COMPANY, Inc., Plaintiff, Appellant, v. FOSTER GRANT CO., Inc., Defendant, Appellee.

United States Court of Appeals First Circuit.

June 6, 1968.

Attorney(s) appearing for the Case

Melvin R. Jenney, Boston, Mass., with whom Wayne L. Benedict, William L. Mathis, Washington, D. C., Kenway, Jenney & Hildreth, Boston, Mass., and Burns, Doane, Benedict, Swecker & Mathis, Washington, D. C., were on the brief, for appellant.

Malvin R. Mandelbaum, New York City, with whom Harold M. Willcox, Boston, Mass., Theodore S. Kenyon, James H. Callahan, New York City, Leroy G. Sinn, Leominster, Mass., and Kenyon & Kenyon, New York City, were on the brief, for appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is an appeal from a decision of the district court holding Grim Patent No. 2,673,194, issued March 23, 1954, invalid for want of invention. The patent is for a formula or process for polymerizing monomers1 which, concededly, achieved great commercial success in a field crowded with method, but none of which had afforded practical, large-scale production. Grim produced...

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