Turnbow
Farmers' Cooperative Exchange, Inc. v. Turnbow
Opinion
Lead Opinion
Haney, J.
Decrees that claims of two patents were valid and infringed by appellant were entered in a suit-brought by appellees, and resulted in this appeal.
The patents in issue are Lindstaedt patent No. 2,036,638 issued April 7, 1936 on an application filed June 15, 1929, and Turn-bow patent No. 2,091,840 issued August 31, 1937 on an application filed September 30, 1930. Both relate to parasiticides for internal use in animals. While the patents are not restricted by their terms to parasiti-cides for internal use in chickens, practically the entire evidence is devoted to the use of such parasiticides in treating chickens.
About 1910 flocks of chickens were infested with roundworms which occupied the portion of the intestines which were-alkaline. These worms fed on the nutriment taken by the chicken, which affected the egg-laying power of the chicken and its life. About 1915, it' was discovered that nicotine, an alkaloid, was an effective agent for destruction of the roundworms. Since nicotine was also lethal to the chicken, the problem was to obtain a nicotine product which would destroy the worms without also destroying the life of the chicken.. Various experiments were made with…