Legal Opinion
Merrell-Soule Co. v. Natural Dry Milk Co.
Court of Appeals for the Second Circuit
Decided March 9, 1915No. Nos. 215-217PublishedCited by 2 opinions
Appeals from the District Court of the United States for the North- . ern District of New York. Suit in equity by the Merrell-Soule Company against the Natural Dry Milk Company. From, orders granting preliminary injunctions, defendant appeals.
1Opinion of the Court
CONE, Circuit Judge.
There is nothing in this appeal, which is from an order granting a preliminary injunction and an order refusing to vacate the same, which requires a different result from that reached in the Powdered Milk Co. Case, 222 Fed. 911. The British patent to *914Williams for recovering salt from brine is not an anticipation and we think Judge Ray is right when he says:
“It is evident that Williams had no conception of a process for making dry or powdered milk by commingling ascending hot air, ascending milk spray and air under pressure, with the heat so regulated and controlled that…
2Cases cited1 opinion
- Merrell-Soule Co. v. Powdered Milk Co. of AmericaCourt of Appeals for the Second Circuit · 1915
3Cited by2 opinions
- Merrell-Soule Co. v. Northland Dairy Co.Court of Appeals for the Sixth Circuit · 1928
- Merrell-Soule Co. v. Rico Milk Products Co.District Court, E.D. Wisconsin · 1920