Legal Opinion

Dovan Chemical Corp. v. National Aniline & Chemical Co., Inc.

Court of Appeals for the Second Circuit

Decided July 19, 1923No. 282PublishedCited by 5 opinions

Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Dovan Chemical Corporation against the National Aniline & Chemical Company, Inc. Decree for complainant, and defendant appeals.

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Appeal from the District Court of the United States for the Southern District of New York. Suit in equity by the Dovan Chemical Corporation against the National Aniline & Chemical Company, Inc. Decree for complainant, and defendant appeals. Suit is on all the 12 claims of patent No. 1,411,231, granted March 28, 1922, to plaintiff, as assignee, on the application of Weiss filed November 12, 1921. On July 2, 1921. Weiss filed an earlier application, for a “process of making diphenylguanidine” — a chemical around which this litigation revolves, and which is called in the record D. P. G., an…

1Opinion of the CourtHough, Circuit Judge

(after stating the facts as above). There are several matters, raised by the pleadings and treated in argument, that we shall lay aside at once, as not necessary for decision, however interesting in themselves or important in other cases. Thus we express no opinion as to whether, considering the long-existing knowledge of D. P. G., and the pre-existing actual commercial use of T. P. G. for acceleration, it constituted patentable invention in Weiss to muster in the former chemical as an.accelerator.

For the same reason we shall not consider the argument that such of the claims in suit as seek…

2Cited by5 opinions

  1. Corona Cord Tire Co. v. Dovan Chemical Corp.Supreme Court of the United States · 1928
  2. Uihlein v. General Electric Co.Court of Appeals for the Seventh Circuit · 1931
  3. Lowell v. TriplettCourt of Appeals for the Fourth Circuit · 1935
  4. Tampax, Inc. v. Personal Products CorporationDistrict Court, E.D. New York · 1941
  5. Dovan Chemical Co. v. Corona Cord Tire Co.Court of Appeals for the Third Circuit · 1926

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