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BERLIN MILLS CO. V. PROCTER & GAMBLE CO., 254 U. S. 156 (1920)

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U.S. Supreme Court

Berlin Mills Co. v. Procter & Gamble Co., 254 U.S. 156 (1920)

Berlin Mills Co. v. Procter & Gamble Company

No. 93

Argued November 15, 1920

Decided December 6, 1920

254 U.S. 156


Patent No. 1,135,351, issued April 13, 1915, to Procter & Gamble Company, as assignee of John J. Burchenal, is void for lack of invention as to Claims 1 and 2, claiming, respectively, a homogeneous lard-like food product consisting of incompletely hydrogenized vegetable oil, and a like product consisting of incompletely hydrogenized cottonseed oil. Pp. 254 U. S. 161, 254 U. S. 164.

The process of changing vegetable oil into a homogeneous, semi-solid, edible substance by acting upon it with hydrogen in the presence of nickel, was known and open to general use, and its application to the manufacture of the food products here in question was such a step as would occur to persons skilled in the art without the exercise of invention. P. 254 U. S. 165.

256 F. 23 reversed.

The case is stated in the opinion.

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