Merrell-Soule Co. v. Powdered Milk Co. of America
Court of Appeals for the Second Circuit
Appeal from the District Court of the United States for the Western District of New York. On appeal from an interlocutory decree holding valid and infringed the single claim of letters patent No. 666,711 granted to Robert Stauf for a method of desiccating milk, blood and the like and producing a dry powder therefrom.
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Appeal from the District Court of the United States for the Western District of New York. On appeal from an interlocutory decree holding valid and infringed the single claim of letters patent No. 666,711 granted to Robert Stauf for a method of desiccating milk, blood and the like and producing a dry powder therefrom. The patent was held valid and infringed by Judge Hazel ([D. C.] 215 Ted. 922). Subsequently Judge Ray upon an independent examination reached the same conclusion upon a motion for a preliminary injunction.
1Opinion of the Court
COXE, Circuit Judge.
[1] The patent is unusually clear, concise and brief iu its statements and for present purposes may be sufficiently understood by reading the claim which is as follows:
“The process of obtaining the solid constituents of liquids such as blood, milk, and the like, in the form of powder, said process consisting in converting the liquid into a line spray, bringing such spray or atomized liquid into a regulated current of heated air so that the liquid constituents are completely vaporized, conveying the dry powder into a suitable collecting-space away from the air-current, and…
2Cases cited3 opinions
- American Bell Tel. Co. v. CushmanU.S. Circuit Court for the Northern District of Illnois · 1893
- Edison Electric Light Co. v. Waring Electric Co.U.S. Circuit Court for the District of Connecticut · 1894
- Queen & Co. v. R. Friedlander & Co.U.S. Circuit Court for the Northern District of Illnois · 1907
3Cited by7 opinions
- Bayer v. RiceCourt of Appeals for the D.C. Circuit · 1934
- Celanese Corp. v. Ribbon Narrow Fabrics Co.Court of Appeals for the Second Circuit · 1941
- Eli Lilly and Company v. BrennerDistrict Court, District of Columbia · 1965
- Buffalo Forge Co. v. City of BuffaloCourt of Appeals for the Second Circuit · 1918
- Merrell-Soule Co. v. Natural Dry Milk Co.Court of Appeals for the Second Circuit · 1915
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