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RALSTON PURINA CO. v. GEN. FOODS CORP.

No. 20011.

442 F.2d 389 (1971)

RALSTON PURINA COMPANY, Plaintiff-Appellee, v. GENERAL FOODS CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

May 26, 1971.

Attorney(s) appearing for the Case

Richard E. Cornwell, Wilmington, Del., Armstrong, Teasdale, Kramer & Vaughan, St. Louis, Mo., for defendant-appellant; Rudolf E. Hutz, James M. Mulligan, Jr., Connolly, Bove & Lodge, Wilmington, Del., Michael J. Quillinan, General Foods Corporation, White Plains, N. Y., of counsel.

Peter P. Price, Grand Rapids, Mich., Frederick H. Mayer, Cook, Murphy, Lance & Mayer, St. Louis, Mo., for plaintiff-appellee; Richard C. Cooper, Randall G. Litton, Price, Heneveld, Huizenga & Cooper, Grand Rapids, Mich., of counsel.

Before JOHNSEN, VOGEL and ROSS, Circuit Judges.

PER CURIAM.

This appeal is from the District Court's ruling in a declaratory judgment action that patent No. 3,047,395 (the Rusoff patent) owned by appellant, General Foods, was invalid and unenforceable and, even if valid, not infringed by the product manufactured or process employed by appellee, Ralston Purina, in the production of its "Chuck Wagon" dog food.

Generally, the patent seeks to protect a product simulating quality meat cuts in appearance and...

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