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SUTHERLAND PAPER CO. v. AUBURN CARTON CORPORATION

No. 7421.

118 F.2d 862 (1941)

SUTHERLAND PAPER CO. v. AUBURN CARTON CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied April 14, 1941.

Attorney(s) appearing for the Case

F. Allan Minne, of Chicago, Ill., for appellant.

Max Richard Kraus, of Chicago, Ill., for appellees.

Before EVANS and SPARKS, Circuit Judges, and BRIGGLE, District Judge.

EVANS, Circuit Court.

Claims 5 and 6 of patent No. 1,906,337 are the subject of this suit. Both were held invalid and non-infringed by the District Court. The patent covers cartons for holding and carrying eggs.

The District Court rather pertinently observed:

"I do not know why there is so much prior art in egg carton cases unless it be because we human beings like to work with paper and shears."

The art is full to overflowing. Invention, if...

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