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H.C. BAXTER BRO. v. GREAT ATLANTIC PAC. TEA

United States Court of Appeals, First Circuit.
Oct 29, 1965
Judgment
Subsequent
References
CaseIQ
Case Information
CITATION CODES
citation codes
DOCKET NO.

No. 6516.

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

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Important Paras
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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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