Legal Opinion
Rumford Chemical Works v. New York Baking Powder Co.
U.S. Circuit Court for the District of Southern New York
Decided August 27, 1903Published
In Equity. This cause comes here at final hearing upon pleadings and proofs. The bill is in the usual form for injunction and accounting, infringement being charged of United States letters patent 474,811 to Charles A. Catlin (assignor to plaintiff), May 17,1892, for baking powder.
1Opinion of the Court
LACOMBE, Circuit Judge.
The specifications are more than usually full, and an extended quotation from them will sufficiently present the questions whose decision seems controlling of the main issue in the case. The patentee states that his—
“* c * * invention relates to that class of baking preparations in which the active acid agent is, either in whole or in part, some form of phosphoric acid or acid phosphate.
“Under the general head of baking preparations may be included, first, the ■ordinary baking powder, composed of a mixture of the phosphoric acid element with a carbonate or bicarbonate…
2Cases cited2 opinions
- Glue Co. v. UptonSupreme Court of the United States · 1878
- Milligan & Higgins Glue Co. v. UptonU.S. Circuit Court for the District of Massachusetts · 1874