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BETTER PACKAGES v. L. LINK & CO.

No. 180.

74 F.2d 679 (1935)

BETTER PACKAGES, Inc., v. L. LINK & CO., Inc., et al.

Circuit Court of Appeals, Second Circuit.

January 14, 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.

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

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

SWAN, Circuit Judge.

The first question presented for consideration is the effect of the delayed disclaimer as to claim 12 of patent No. 1,194,752, hereafter for convenience referred to as the first patent, and the failure to disclaim at all as to claims held to be invalid of patent No. 1,782,123, hereafter for convenience referred to as the third patent. An interlocutory decree was entered on October 3, 1932, pursuant to...

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