Parke, Davis & Co. v. American Cyanamid Co.

ALLEN, Circuit Judge.

This is a patent infringement suit based upon Patent No. 2,407,096 for anti-anemia vitamin products. Both claims of the patent are involved and are printed in the margin. 1 The District Court sustained a motion for summary judgment without opinion or findings of fact and held the claims not infringed by ap-pellees’ product for the reasons stated in the motion for summary judgment. The pertinent part of the motion reads as follows:

Grounds for the motion are that the claims of the patent in suit are not infringed by defendants’ synthetic folic acid product for the following…