Icyclair, Inc. v. National Popsicle Corp.

This is an appeal from an interlocutory decree entered in the District Court holding claims 1 and 2 of letters patent No. 1,470,-524 granted to Harry B. Burt October 9, 1933, claims 1 and 7 of letters patent No. 1,718,997 granted to him July 2, 1929, claims 2, 3, 4, 5, 6 and 7 of letters patent No. 1,505,592 granted to Frank W. Epperson August 19, 1924, valid and infringed by appellants and enjoining future infringement.

The claimed invention disclosed by these patents covers the process of manufacturing a frozen confection composed of ice cream, sherbet, water ice, or the like, with the end of a stick frozen in it. The other end of the stick serves as a handle while the confection is being eaten. The Burt patent 1,718,997 covers the product manufactured under Burt patent 1,470,524. Claims 1 and 2 of the Burt patent No. 1,470,524 cover the manufacturing process which involves placing the ice cream mixture in a container, partially freezing the same, then placing a number of sticks therein so that there will be a handle for each piece when subdivided, and then freezing the mixture until it is hard. The frozen cream is then subdivided into individual confections each having its own…