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CATAPHOTE CORPORATION v. DeSOTO CHEMICAL COATINGS, INC.

No. 40985.

235 F.Supp. 936 (1964)

CATAPHOTE CORPORATION, an Ohio corporation, Plaintiff-Counter-Defendant, v. DeSOTO CHEMICAL COATINGS, INC., a Delaware corporation, Defendant-Counter-Plaintiff, Perma-Line Manufacturing Corporation of America, an Illinois corporation, Additional Defendant on Counterclaim.

United States District Court N. D. California, S. D.

October 8, 1964.

Attorney(s) appearing for the Case

Merriam, Smith & Marshall, Chicago, Ill., and Lerer & Moltzen, San Francisco, Cal., for plaintiff.

McDougall, Hersh & Scott, Chicago, Ill., and Hoppe & Mitchell, San Francisco, Cal., for defendant.

SWEIGERT, District Judge.

Pursuant to previous order of the Court a separate trial has been had of the defenses of public use and on sale (Title 35 USC § 102(b)).

Since the date of patent application for purposes of this case is November 12, 1957, the critical date involved in this defense is November 12, 1956.

The evidence shows in substance and effect that in 1955 Cataphote had marketed a pavement marking composition after very limited...

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