Rumford Chemical Works v. Hygienic Chemical Co.

BUFFINGTON, Circuit Judge.

This is an appeal from a decree entered by the Circuit Court for the District of New Jersey dismissing, for noninfringement, a bill in equity filed by the Rumford Chemical *66Works which charged the Hygienic Chemical Company of New Jersey with infringement of a patent. The court below held there was no proof of infringement, and there is no error in its so holding, if the testimony of one Clotworthy was rightfully excluded. This excluded deposition of Clotworthy, now deceased, was taken in a suit in the Circuit Court for the Southern District of New York (135 Fed. 331…