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BERGSTEIN v. LOWMAN FOLDING BOX CORPORATION

No. 251, Docket 20159.

156 F.2d 609 (1946)

BERGSTEIN et al. v. LOWMAN FOLDING BOX CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

July 12, 1946.

Attorney(s) appearing for the Case

Allen & Allen, of Cincinnati, Ohio (Gibson Yungblut and Marston Allen, both of Cincinnati, Ohio, and Theodore E. Simonton, of New York City, of counsel), for appellants.

Richard Russell Wolfe, of Chicago, Ill., and James A. Fowler, Jr., of New York City (Carlson, Pitzner, Hubbard & Wolfe, of Chicago, Ill., and Cahill, Gordon, Zachry & Reindel, of New York City, of counsel), for appellees.

Before CHASE, CLARK, and FRANK, Circuit Judges.

CHASE, Circuit Judge.

The appeal is from a decree of the District Court for the Northern District of New York holding invalid for lack of invention claims 15, 18, 24 and 34 of United States Pat. No. 2,197,089 granted to Nels A. Anderson April 16, 1940, on his application filed July 19, 1938. The patent, as the specifications show, "relates to the manufacture of fibreboard boxes of the type which are furnished to the trade in flat or collapsed condition for convenience...

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