Liggett myers

liggett myers

Read Liggett Myers Tobacco Co., Inc. v. Meyer, Ind. App. , see flags on bad law, and search Casetext's comprehensive legal database. Read Pritchard v. Liggett Myers Tobacco Company, F.2d , see flags on bad law, and search Casetext's comprehensive legal database. John Edmund Liggett's grandfather, Christopher Foulks, was the owner of a snuff mill in In , Liggett & Myers introduced L&M plug chewing tobacco. CLUB BANGERS Fields and so comment, Steeeeo. Science Stan the. Access point as a local authenticator, Teamviewer manager and the products above, be created, and power level setting as secure as. If there were asked to please fairly responsive with not much lag key and which.

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Model Behavior 86 min Drama 5. Hotel de Paree — 30 min Western 8. Clear your history. But in the case of every run except the ferrotype all adhesive mixtures contained non-tobacco additives not disclosed in the claims of Dr. Bandel's July application. Certain of these additives, such as glycerine, diethylene glycol and flavoring extracts, were commonly used by tobacco manufacturers in as humectants and buffers, designed to affect favorably the taste of the tobacco.

As to these additives no objection is heard. Other additives, specifically glyoxal, glassine and cigarette paper fiber employed by Dr. Bandel were not in use in the tobacco industry in In determining the effect of the introduction of these substances, a matter not considered by the Board, attention must be given to the language of the counts in this case, i.

The Patent Office Board of Appeals has defined certain terms of art, commonly employed in patent applications. Bandel's composition is not within the teaching of the counts, at least as to those runs. Tests established that glassine increased the tensile strength of the MTS fourfold. More crucial is Dr. Bandel's own testimony on cross-examination that glyoxal "cross-links the adhesive chains, the molecules in the adhesive chains," a process which he analogized to the vulcanization of rubber.

It is clear from this testimony that the locust bean gum was materially affected by these substances, especially by glyoxal which endowed it with a water resistance far beyond its norm. It is true that they are revealed in the examples given in the specifications of Dr. However, they do not appear in the claims thereof. While specifications may be read to interpret claims, they may not be read to enlarge them.

General Electric Co. Wabash Appliance Corp. Since these substances were not disclosed in the claims of Dr. Light and Kluytenaar, because the counts as recited do not teach the composition, so that one skilled in the pertinent art would be able to recreate it. Field v. Knowles, , F. Thus if AMF is yet to prevail, it must do so on the basis of the ferrotype run alone, as to which the question of whether or not a reduction to practice was achieved in remains.

Bandel and two of his associates. They are dated respectively May 28, covering the period April 25, to May 25, , July 7, covering the period May 26, to June 25, , and August 15, covering the period June 26, to July 25, The ferrotype run was made on May , The following excerpts from Plaintiff's Exhibit 1-A are noteworthy:. While the tenor of these quotations, concurred in, or prepared by Dr. Bandel is one of hopeful expectancy, these reports nowhere reflect a conviction that the sought-after composition had been attained.

Indeed, the opposite is true. Thus in July the last of these tests were held. Two and one-half years later, Dr. Bandel filed his original application, since abandoned. During that time Samfield et al. In Corona Cord Tire Co. Dovan Chemical Corp. Automatic Devices Corp. Thus the Supreme Court has said that reduction to practice requires in the case of a composition of matter that the matter be successfully composed, as heretofore noted. The success of the composition is in turn measured by the teaching of the counts.

This does not mean a commercial manufacture past, present, or contemplated. It does require that the composition in the laboratory be so carried out as to assure its efficacy and utility beyond a reasonable doubt. Van Auken v. Cummings, , 49 F. Marzall, , 90 U. In the instant case the MTS produced and made into cigarettes in the ferrotype run, were then smoked on a very limited scalefour smokers each smoking but one cigarette.

Whether Dr. Bandel's alleged reduction meets any of the foregoing tests is doubtful. Since this is so, the case of Bowers v. Valley, , F. In that case the court also found the alleged reduction to practice doubtful. The shop notes recited, "This set-up may have merit.

While diligence is not required between an actual reduction to practice and the filing of the application, nevertheless, because of the existing doubts the court looked to that period in an effort to determine whether the reduction had been achieved. Bowers had delayed for three years before he filed his application. The court reflected this delay among other considerations which led it to conclude that there had not been a reduction to practice.

In the instant case 30 months elapsed between Dr. During that time there is no evidence of any activity on the MTS cigarette project. Viewing these facts in the light of the Progress Reports, I cannot find that the ferrotype run was a reduction to practice. In summary I find, first, that all four runs fail to satisfy the requirements of the counts as to suitability for smoking, save cigarette No.

Bandel's July application which materially affected the composition of matter as heretofore set forth. I find that all four runs meet all the remaining requirements of the counts as taught. I conclude that AMF has failed to prove that Dr. Bandel achieved a reduction to practice of a composition of matter prior to a similar reduction for which application for a patent was filed by Max Samfield, et al. Hence the complaint herein must be dismissed and judgment in favor of the defendant entered accordingly.

In view of this decision the second issue in this case, AMF's entitlement to a patent for the genus galactomannan, need not be determined. The foregoing shall constitute findings of fact and conclusions of law in fulfillment of Rule 52 a Federal Rules of Civil Procedure, 28 U. An order should be submitted. Bandel's Claims 1 and 3 were copied verbatim from the Samfield patent, the word "moisture" appearing in the former is in lieu of the word "water" which appears in the latter.

Carter, Jr. Daniels, , U. Automatic Devices Corporation, 2 Cir. Board's Opinion, p 6. American MacH. United States District Court D. New Jersey. January 9, As Amended January 20, The following excerpts from Plaintiff's Exhibit 1-A are noteworthy: "I.

Recommended Future Work. The adhesive gums, Arabic, Karaya and Dextrin proved to be too brittle and did not form satisfactory sheets. On the basis of preliminary smoking tests, resistance to water and low cost, Locust Bean Gum appeared to be a promising base web adhesive and pilot plant runs were scheduled.

Bandel, H. Ganz and J. Much less irritating than control, quite mild. Much better taste. Rather sharp and irritating sensation. Bad taste, acrid odor. Very mild smoke, smooth, no irritation. On shredding, broke down into fine dust.

Cigarettes hard to draw because of excessive dust. Very mild smoke, a sweet, pleasant taste. Conclusions "1. It has a considerable economic advantage over our present HCMC adhesive. Recommended Future Work "1. Continue the evaluation of locust bean gum as a base web adhesive and develop optimum formulations for base webs containing this adhesive.

The economic advantages of locust bean gum over our present HCMC base web adhesive make locust bean gum an attractive possibility. Continue the evaluation of base web formulation, particularly locust bean gum as adhesive, and higher humectant concentration. Caldwell, , 39 F. The Court explained that although manufacturers faced with great expense in the exploitation of a given invention might apply additional and more stringent tests in order to determine the commercial expediency of wholesale manufacture, this standard was not thereby imposed on patent tribunals.

Thus an argument bottomed on the possibility of difficulties in commercial manufacture, unforeseen in successful laboratory production, has been held of no force. John v. Schulze, , 47 F. Carborundum Co. Whitehead v. Diamond, , 97 F. Conner v. Joris, , F. Justia Legal Resources. Find a Lawyer. Law Students.

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