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GRANT PAPER BOX CO. v. RUSSELL BOX CO.

No. 4044.

154 F.2d 729 (1946)

GRANT PAPER BOX CO. v. RUSSELL BOX CO.

Circuit Court of Appeals, First Circuit.

April 17, 1946.

Attorney(s) appearing for the Case

Hector M. Holmes, of Boston, Mass. (Edgar H. Kent, of Boston, Mass., and William H. Parmelee, Eiffel B. Gale, and Christy, Parmelee & Strickland, all of Pittsburgh, Pa., of counsel), for appellant.

George P. Dike, Herbert A. Baker, and Roderick W. Hoag, all of Boston, Mass., for appellee.

Before MAHONEY and WOODBURY, Circuit Judges, and PETERS, District Judge.

WOODBURY, Circuit Judge.

After our opinion in this case was handed down the plaintiff-appellant petitioned for rehearing on the principal ground that we had erred in holding claim 3 of the Dreymann patent invalid for lack of invention on the authority of Sinclair & Carroll Co., Inc., v. Interchemical Corp., 325 U.S. 327, 65 S.Ct. 1143. We invited written arguments on the petition and after considering them granted it. Now, the point...

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