COOK ENGINEERING & ELEC., INC. v. HICKORY FOUNDRY & MACH. CO.

No. 9585.

340 F.2d 235 (1965)

COOK ENGINEERING AND ELECTRONICS, INC., Appellant and Cross-Appellee, v. HICKORY FOUNDRY & MACHINE COMPANY, Appellee and Cross-Appellant.

United States Court of Appeals Fourth Circuit.

Decided January 4, 1965.


Attorney(s) appearing for the Case

Paul B. Bell, Charlotte, N. C. (Charles B. Park, III; Joseph H. Heard; and Parrott, Bell, Seltzer, Park & Heard, Charlotte, N. C., on the brief), for appellant and cross-appellee.

Dalbert U. Shefte, Charlotte, N. C. (Channing L. Richards, Charlotte, N. C., on the brief), for appellee and cross-appellant.

Before HAYNSWORTH and BRYAN, Circuit Judges, and THOMSEN, District Judge.


PER CURIAM:

Patent No. 3,015,600 issued January 2, 1962, owned by the Cook Engineering and Electronics, Inc. and relating to the sealing of plastic bags was declared invalid, in Claims 1 and 4-14, by the District Court in the owner's infringement suit against Hickory Foundry & Machine Company. Anticipation in the prior art and obviousness of concept were the grounds of the judgment. We affirm.

Descriptive of the typical and fundamental embodiment of the...

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