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PILLSBURY COMPANY v. GENERAL MILLS, INC.

No. 4-63 Civ. 408.

252 F.Supp. 747 (1966)

The PILLSBURY COMPANY, Plaintiff, v. GENERAL MILLS, INC., Defendant.

United States District Court D. Minnesota, Fourth Division.

February 10, 1966.

Attorney(s) appearing for the Case

Ronald E. Lund, Minneapolis, Minn., for plaintiff.

Horace Hitch, of Dorsey, Owen, Marquart, Windhorst & West, Minneapolis, Minn. (W. D. Keith, New York City, and W. C. Babcock, Minneapolis, Minn., of counsel), for defendant.

NORDBYE, District Judge.

The validity of Patent No. 3,038,808, filed on April 3, 1961, and issued to the plaintiff on June 12, 1962, has been challenged by the defendant by reason of a supplemental disclosure filed in Canada on September 15, 1961, less than six months from the filing date of the United States patent in violation of Section 184, Title 35, United States Code. The supplemental disclosure filed in Canada was a patent application within the meaning of...

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