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ROSENTHAL v. CELANESE CORPORATION OF AMERICA

No. 6.

32 F.Supp. 543 (1940)

ROSENTHAL v. CELANESE CORPORATION OF AMERICA.

District Court, D. Delaware.

April 16, 1940.

Attorney(s) appearing for the Case

George T. Gill and Stephen Brooks Rosenthal, both of New York City, and Josiah Marvel, Jr., (of Marvel & Morford), of Wilmington, Del., for plaintiff.

Drury W. Cooper and Drury W. Cooper, Jr., (of Cooper, Kerr & Dunham), both of New York City, and Herbert L. Cohen, of Wilmington, Del., for defendant.

NIELDS, District Judge.

The action charges infringement of two patents issued to plaintiff. They are: No. 1,617,544 entitled "Manufacture and Treatment of Threads" issued February 15, 1927. Claim 4 alone is in issue. No. 1,620,233 entitled "Process of Making Thread" issued March 8, 1927, Claims 2 to 5 and 7 to 11 are in issue.

The defenses are invalidity and noninfringement. Invalidity is asserted for want of invention over the prior art and by reason of anticipation...

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