JOH. A. BENCKISER G. Mb H., CHEM. F. v. Hygrade Food Prod. Corp.

COOLAHAN, District Judge:

I. Plaintiff brings this action for infringement of its patent on certain food preservatives. He has refused to produce some of the documents requested in defendant’s Motion under Rule 34, 28 U.S. C. , F.R.Civ.P. Plaintiff contends that since the documents are communications between himself and one Michael Striker which were made in reference to application for the patent while Mr. Striker was plaintiff’s patent agent, they are protected under the attorney-client privilege. Although Mr. Striker has since become a member of the New York State Bar, he was not an…