Kaser Process Pie Co. v. Pie Bakeries of America, Inc.

LINDLEY, District Judge.

Plaintiffs, owner and exclusive licensee of letters patent 1,624,490- to Kaser, granted April 12, 1927, applied for December 10, 1925, complain of infringement thereof by defendant, who in turn asserts Invalidity first upon the face of the patent, second, because of anticipation in prior use and publications, and, third, for complete failure of invention.

The patent covers a process for making pies, and claim 3 here relied upon is as follows: “The hereindescribed method of making a pie which consists-in extracting juice with sugar “from a fruit filler, baking the filler…