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BETTER PACKAGES INC. v. LINK & CO., INC.

No. 180.

75 F.2d 1006 (1935)

BETTER PACKAGES, Inc., Plaintiff-Appellant, v. L. LINK & CO., Inc., Louis Link and Charles F. Albers, Defendants-Appellants.

Circuit Court of Appeals, Second Circuit.

March 21, 1935.

Attorney(s) appearing for the Case

Hammond & Littell, of New York City (Edmund Quincy Moses, Nelson Littell, and Clarence M. Crews, all of New York City, of counsel), for plaintiff-appellant.

Warfield & Brown, of New York City (Donald L. Brown and Griffith Beems, both of New York City, of counsel), for defendants-appellants.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

Upon the plaintiff's petition for reargument as to reissue patent No. 18,322, we have again carefully considered the question of validity, and we adhere to our former conclusion. Even if Elliott alone is not enough to anticipate claim 1, we cannot hold that invention was involved in making the adjustments necessary for the patent in suit out of parts shown in Brownson, Pitney, Elliott, and Kreuger's first patent. The defendants' new ground, of attack,...

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