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PAPER CONTAINER MFG. CO. v. DIXIE CUP CO.

No. 9546.

170 F.2d 333 (1948)

PAPER CONTAINER MFG. CO. v. DIXIE CUP CO.

United States Court of Appeals Third Circuit.

Decided August 26, 1948.

Rehearing Denied October 11, 1948.

Attorney(s) appearing for the Case

Thomas Cooch, of Wilmington, Del. (Marvel & Morford, of Wilmington, Del., and Franklin M. Warden and Cromwell, Greist & Warden, all of Chicago, Ill., on the brief), for appellant.

Max R. Chambers, of Chicago, Ill. (William H. Foulk, of Wilmington, Del., and Charles F. Meroni, Carlton Hill, and The Firm of Charles W. Hills, all of Chicago, Ill., on the brief), for appellee.

Before BIGGS, Chief Judge, and McLAUGHLIN and O'CONNELL, Circuit Judges.

BIGGS, Chief Judge.

Paper Container Mfg. Company, the appellant, and Dixie Cup Company, the appellee, were in interference in the United States Patent Office upon the respective applications of Hulseman and Carew. The applications of the two inventors had been previously assigned by them to the parties herein. Priority of invention was awarded Dixie Cup on Carew's application by the Board of Interference Examiners on July 11, 1946. On January 2, 1947, Paper Container...

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