Legal Opinion

Kwik Set, Inc. v. Welch Grape Juice Co.

Court of Appeals for the Second Circuit

Decided December 7, 1936No. 118PublishedCited by 30 opinions

1Opinion of the Court

MANTON, Circuit Judge.

This patent is for a “Dry Powdered Jelly Base Containing Pectin and Sugar and Process of Making Same,” granted October 18, 1927. Claims 1 and 2 were held valid and infringed; they will be found in the margin. Kwik-Set, Inc., v. Welch Grape Juice Co. (D.C.) 14 F.Supp. 137.

Claim 1 describes a jelly base composed of powdered pectin and sugar, the sugar being finely divided and varying in proportion to the pectin in the ratio of from 1 to 1, 1 to 50. Claim 2 describes a jelly base composed of acid powdered pectin and finely divided sugar in a ratio of pectin varying from 1…

2Cases cited8 opinions

  1. Powers-Kennedy Contracting Corp. v. Concrete Mixing & Conveying Co.Supreme Court of the United States · 1930
  2. Cochrane v. Badische Anilin & Soda FabrikSupreme Court of the United States · 1884
  3. American Wood-Paper Co. v. Fibre Disintegrating Co.Supreme Court of the United States · 1874
  4. St. Germain v. BrunswickSupreme Court of the United States · 1890
  5. De Lamar v. De Lamar Min. Co.Court of Appeals for the Ninth Circuit · 1902

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3Cited by30 opinions

  1. Dow Chemical Co. v. Halliburton Oil Well Cementing Co.Supreme Court of the United States · 1945
  2. Georgia-Pacific Corporation v. United States Plywood CorporationCourt of Appeals for the Second Circuit · 1958
  3. Andrew Corporation v. Gabriel Electronics, Inc., Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1988
  4. Maurice A. Garbell, Inc. v. Boeing CompanyDistrict Court, C.D. California · 1973
  5. Duplan Corp. v. Deering Milliken, Inc.District Court, D. South Carolina · 1977

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