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LEBOLD v. MARZALL

Civ. A. No. 3483-50.

100 F.Supp. 867 (1951)

LEBOLD et al. v. MARZALL, Commissioner of Patents.

United States District Court District of Columbia.

October 22, 1951.

Attorney(s) appearing for the Case

Franklin M. Warden, of Chicago, Ill., and A. Yates Dowell, of Washington, D. C., for the plaintiffs.

Joseph Schimmel, of Washington, D. C., for the defendant.

HOLTZOFF, District Judge.

The plaintiff claims a reissue patent on cartons, or carriers, for bottles containing beverages; the cartons having a handle, the top of which is below the tops of the bottles in the carton.

Cartons, or cardboard carriers, for bottles containing beverages are old, as was indicated in Kaliska v. Coe, 79 U.S.App. D.C. 378, 147 F.2d 577. There is very little room for invention in this field. The prior...

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