Procter & Gamble Co. v. Berlin Mills Co.
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Southern District of'New York. Suit by the Procter & Gamble Company against the Berlin Mills Company. From a decree for defendant, complainant appeals. The action is upon claims 1 and 2 of patent No. 1,135,351, issued April 13, 1915, to the plaintiff herein, as assignee of John J. Burche-nal, who is and long has been an officer of the corporate plaintiff.
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Appeal from the District Court of the United States for the Southern District of'New York. Suit by the Procter & Gamble Company against the Berlin Mills Company. From a decree for defendant, complainant appeals. The action is upon claims 1 and 2 of patent No. 1,135,351, issued April 13, 1915, to the plaintiff herein, as assignee of John J. Burche-nal, who is and long has been an officer of the corporate plaintiff. The claims are as follows: “1. A homogeneous lardlike food product, consisting of an incompletely hy-drogenized vegetable oil. ' “2. A homogeneous lardlike food product, consisting…
1Opinion of the CourtHough, Circuit Judge
(after stating the facts as above). 1. The patent declares that—
“This invention is a food product consisting of a vegetable oil, preferably cotton seed oil, partially hydrogenized and hardened to a homogeneous white or yellowish seini-solid, closely simulating lard.”
This is a description of a visible, tangible thing which Eor some years has been manufactured and sold by plaintiff, as to which there is no evidence that anybody else ever made it before, or that if this product is entitled to patent protection there is any closely related prior art.
Invention is denied, first, on the ground once…
2Cases cited8 opinions
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- United Shirt & Collar Co. v. BeattieCourt of Appeals for the Second Circuit · 1906
- Corrington v. Westinghouse Air Brake Co.Court of Appeals for the Second Circuit · 1910
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- Morris Trust v. CommissionerUnited States Tax Court · 1964
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