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METAFRAME CORPORATION v. BIOZONICS CORPORATION

Civ. A. No. 70-1019.

352 F.Supp. 1006 (1972)

METAFRAME CORPORATION v. BIOZONICS CORPORATION.

United States District Court, D. Massachusetts.

December 7, 1972.

Attorney(s) appearing for the Case

Abraham Friedman, New York City, for plaintiff.

David Wolf, Boston, Mass., for defendant.

RUBIN,* District Judge:

In a competitive struggle, almost as determined as that of two male betta splendens, or Siamese fighting fish, the manufacturers of concededly similar aquarium filtering devices, one the patent assignee, the other its challenger, here join battle to determine the validity of the patent. Since the patent is virtually conceded to possess utility, the victory turns on whether the two other legislative requisites

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