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Citation Codes
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citation codes
Docket Number
Attorney(S)
  • W. Brown Morton, Jr., Washington, D.C., with whom W. Brown Morton, Washington, D.C., Paul A. Wescott, Portland, Me., McLean, Morton Boustead, Pennie, Edmonds, Morton, Taylor Adams, Washington, D.C., and Drummond Wescott, Portland, Me., were on brief, for appellants. Nicholas John Stathis, New York City, with whom William B. Mahoney, Portland, Me., John T. Kelton, Elmer R. Helferich and Watson, Leavenworth, Kelton Taggart, New York City, were on brief, for appellee.
Judges
  • Bailey Aldrich
  • Edward Matthew McEntee
Acts
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Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
  • W. Brown Morton, Jr., Washington, D.C., with whom W. Brown Morton, Washington, D.C., Paul A. Wescott, Portland, Me., McLean, Morton Boustead, Pennie, Edmonds, Morton, Taylor Adams, Washington, D.C., and Drummond Wescott, Portland, Me., were on brief, for appellants. Nicholas John Stathis, New York City, with whom William B. Mahoney, Portland, Me., John T. Kelton, Elmer R. Helferich and Watson, Leavenworth, Kelton Taggart, New York City, were on brief, for appellee.
Judges
  • Bailey Aldrich
  • Edward Matthew McEntee
Acts
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Smart Summary

H.C. BAXTER BRO., et al., Plaintiffs, Appellants, v. The GREAT ATLANTIC PACIFIC TEA COMPANY, Inc., Defendant, Appellee.

PER CURIAM.

This is an appeal from a finding of invalidity of a process patent for pretreating French fried potatoes so they will fry to a substantially even color. The facts and an extensive discussion are found in the opinion of the district court, 236 F. Supp. 601. Without deciding whether the evidence justified a conclusion that the patent claims in suit are invalid because wholly inoperative, we think the evidence supports the court's holding that they are invalid under 35 U.S.C. § 112 because of the extent of experimentation required of one skilled in the art in order to ascertain their "teaching."

Affirmed.

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H.C. BAXTER BRO. v. GREAT ATLANTIC PAC. TEA
(Oct 29, 1965)