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WIRE TIE MACHINERY CO. v. PACIFIC BOX CORPORATION

No. 8405.

107 F.2d 54 (1939)

WIRE TIE MACHINERY CO. et al. v. PACIFIC BOX CORPORATION et al.

Circuit Court of Appeals, Ninth Circuit.

October 6, 1939.

Attorney(s) appearing for the Case

Chas. M. Fryer, Alfred C. Aurich, and A. W. Boyken, all of San Francisco, Cal., for appellant.

Charles E. Townsend and Roy C. Hackley, Jr., both of San Francisco, Cal., for appellees.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

A rehearing was granted to appellants on the question of whether the plaintiff-appellants' patent '259 is a "paper patent" and hence limited to the narrowest possible construction; and whether defendants' device infringes said '259 patent.1

Upon a reconsideration of the case, we conclude that plaintiffs' '259 patent is entitled to a reasonable range of equivalents. We come to this conclusion because the...

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