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ESSO RESEARCH AND ENGINEERING COMPANY v. KAHN AND COMPANY, INC.

No. 575, Docket 74-1765.

513 F.2d 1341 (1975)

ESSO RESEARCH AND ENGINEERING COMPANY, Plaintiff-Appellant, v. KAHN AND COMPANY, INC., and Chandler-Evans, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 28, 1975.

Attorney(s) appearing for the Case

Robert I. Pearlman, Linden, N. J. (Richard A. Huettner and Kenyon & Kenyon Reilly Carr & Chapin, New York City, of counsel), for plaintiff-appellant.

Roger B. McCormick, Hartford, Conn. (McCormick, Paulding & Huber and William M. Pomerantz, Pomerantz & Seserman, Hartford, Conn., of counsel), for defendants-appellees.

Before HAYS, GURFEIN and VAN GRAAFEILAND, Circuit Judges.

PER CURIAM:

The patent involved in this case was issued to Dr. Charles W. Skarstrom for his "Method and Apparatus for Fractionating Gasseous Mixtures by Adsorption." Skarstrom came upon his method by some clever experimenting and modification of the apparatus he was using for a similar purpose when it broke down.

Admirable as Dr. Skarstrom's work may have been, it was done without knowledge of prior similar work of a German physicist named Kahle. We agree...

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