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UNION CARBIDE CORPORATION v. TRAVER INVESTMENTS, INC.

Civ. A. P-2445.

238 F.Supp. 540 (1965)

UNION CARBIDE CORPORATION, Plaintiff, v. TRAVER INVESTMENTS, INC., & E. I. DuPont de Nemours & Company, Defendants.

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

January 28, 1965.

Attorney(s) appearing for the Case

Robert D. Spille, Curtis, Morris & Safford, New York, Charles V. O'Hern, Jr., O'Hern, Alloy, O'Hern & Wombacher, Peoria, Ill., for plaintiff.

Marzall, Johnston, Cook & Root, Chicago, Ill., Donald Beste, Miller, Westervelt & Johnson, Peoria, Ill., for defendants.

MERCER, Chief Judge.

This suit is prosecuted under 35 U.S.C. § 146 to try the issue of priority of invention between competing patent applications.

THE INVENTION

Prior to 1949 polyethylene film had acquired a prominent place in the market as a packaging material. A major fault of the raw film was that the surface was not ink retentive. Printed matter could be placed thereon, but the ink flaked off and readily washed away when such film was exposed...

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