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Container Co. v. Carpenter Container Corp.

United States Court of Appeals, Third Circuit
Mar 25, 1952
194 F.2d 1013 (3d Cir. 1952)

Opinion

No. 10567.

Argued March 17, 1952.

Decided March 25, 1952.

Appeal from a Final Judgment of the United States District Court for the District of Delaware; Richard Seymour Rodney, Judge.

Daniel H. Kane, New York City (Morris, Steel, Nichols Arsht, Wilmington, Del., Harrison, Spangenberg Hull, Cleveland, Ohio, Duell Kane, New York City, on the brief), for appellant.

Newton A. Burgess, New York City (Berl, Potter Anderson, Wilmington, Del., H.H. Hamilton, New York City, Eugene G. Mason, Washington, D.C., John J. Mahoney, Columbus, Ohio, Thomas P. Keogh, Chicago, Ill., on the brief), for appellee.

Before McLAUGHLIN, STALEY and HASTIE, Circuit Judges.


This is an appeal from a declaratory judgment holding defendant's patent invalid. Judge Rodney in his excellent opinion in the District Court, 99 F. Supp. 167, found as a fact that the essential elements of appellant's combinations were all included in the prior art and that those combinations do not demonstrate the degree of novelty necessary to constitute patentable invention over the prior art. Cuno Engineering Corp. v. Automatic Devices Corp., 314 U.S. 84, 91, 62 S.Ct. 37, 86 L.Ed. 58; Great Atlantic Pacific Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 71 S.Ct. 127, 95 L.Ed. 162; Boston Metals Co. v. Air Products, Inc., 4 Cir., 193 F.2d 535. Our own study of the record satisfies us that his findings of fact have substantial foundation in the evidence and are not clearly wrong.

The judgment of the District Court will be affirmed.


Summaries of

Container Co. v. Carpenter Container Corp.

United States Court of Appeals, Third Circuit
Mar 25, 1952
194 F.2d 1013 (3d Cir. 1952)
Case details for

Container Co. v. Carpenter Container Corp.

Case Details

Full title:CONTAINER COMPANY, Plaintiff-Appellee, v. CARPENTER CONTAINER CORPORATION…

Court:United States Court of Appeals, Third Circuit

Date published: Mar 25, 1952

Citations

194 F.2d 1013 (3d Cir. 1952)

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