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R. U. V. ENGINEERING CORP. v. BORDEN CO.

67 F.Supp. 587 (1946)

R. U. V. ENGINEERING CORPORATION v. BORDEN CO.

District Court, S. D. New York.

July 19, 1946.

Attorney(s) appearing for the Case

Bohleber, Fassett & Montstream, of New York City (William Bohleber, Francis H. Fassett, and John M. Montstream, all of New York City, of counsel), for plaintiff.

Maxwell Barus, of New York City (Maxwell Barus, Charles H. Walker, and John B. Cuningham, all of New York City, of counsel), for defendant.

COXE, District Judge.

This is a suit for alleged infringement of the Berndt & Creighton patent, No. 2,072,416, issued March 2, 1937, for a "method of irradiating substances with active rays."

The only claims in issue are Nos. 13, 14, 16, 17 and 18, all of which were added in a renewal application after the original application had been permitted to lapse for non-payment of the final fee.

The principal defenses are invalidity for anticipation and...

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