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WOBURN DEGREASING CO. v. SPENCER KELLOGG & SONS

Civ. 452.

40 F.Supp. 357 (1941)

WOBURN DEGREASING CO. OF NEW JERSEY v. SPENCER KELLOGG & SONS, Inc.

District Court, W. D. New York.

August 26, 1941.

Attorney(s) appearing for the Case

John S. Powers, of Buffalo, N. Y. (Gifford, Scull & Burgess, of New York City, of counsel), for plaintiff.

Bean, Brooks, Buckley & Bean, of Buffalo, N. Y. (Alfred M. Houghton, Lawrence E. Webster, and Harold F. Watson, all of Washington, D. C., of counsel), for defendant.

KNIGHT, District Judge.

This suit is for the infringement of U. S. Patent No. 1,892,258, issued to I. G. Farbenindustrie Aktiengesellschaft, assignee of Hanns Ufer. The only question at issue here is whether by virtue of the provisions of Section 4887 of the U. S. Revised Statutes, U.S.C.A. Title 35, § 32, the patent is invalid.

The first paragraph of that section provides that no patent shall "be declared invalid by reason of its having been first patented...

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