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B. B. CHEMICAL CO. v. CATARACT CHEMICAL CO.

No. 2218.

31 F.Supp. 374 (1940)

B. B. CHEMICAL CO. v. CATARACT CHEMICAL CO., Inc.

District Court, W. D. New York.

February 6, 1940.

Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y. (Fish, Richardson & Neave, Harrison F. Lyman, and Charles E. Hammett, Jr., all of Boston, Mass., of counsel), for plaintiff.

Albert R. Henry, of Buffalo, N. Y. (D. Rumsey Wheeler, of Buffalo, N. Y., of counsel), for defendant.

KNIGHT, District Judge.

This suit is for infringement of Wedger Patent No. 1,959,321, granted May 15, 1934, on an application filed December, 29, 1931. It purports to cover a so-called "viscous softener" for activating cement applied to parts of shoe soles preparatory to cementing the parts together. Claims 1, 2, 6 and 21, product claims, and Claims 19 and 20, method claims, are in issue. Title in the plaintiff is admitted, as is the manufacture and sale of the alleged...

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