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CORNING GLASS WORKS v. ANCHOR HOCKING GLASS CORP.

Nos. 15923, 15924.

374 F.2d 473 (1967)

CORNING GLASS WORKS, Appellant in No. 15923, v. ANCHOR HOCKING GLASS CORPORATION, Appellant in No. 15924.

United States Court of Appeals Third Circuit.

Decided March 20, 1967.

Attorney(s) appearing for the Case

W. Philip Churchill, New York City, (Albert E. Fey, Lars I. Kulleseid, Fish, Richardson & Neave, New York City, Clair John Killoran, Killoran & Van Brunt, Wilmington, Del., Clarence R. Patty, Jr., Clinton S. Janes, Jr., Corning, N. Y., on the brief), for plaintiff, Corning Glass Works.

Arthur G. Connolly, Wilmington, Del., (Connolly, Bove & Lodge, James M. Mulligan, Jr., John D. Fairchild, William J. Wier, Jr., Connolly, Bove & Lodge, Wilmington, Del., Edmund P. Wood, Richard H. Evans, Bruce Tittel, Wood, Herron & Evans, Cincinnati, Ohio, Jack D. Voss, Lancaster, Ohio, on the brief), for defendant, Anchor Hocking Glass Corp.

Before MARIS, McLAUGHLIN and KALODNER, Circuit Judges.

OPINION OF THE COURT

GERALD McLAUGHLIN, Circuit Judge.

On November 8, 1963, plaintiff, Corning Glass Works, filed a complaint charging defendant, Anchor Hocking Glass Corporation, with infringement of both product and process claims of its Stookey patent.1 In answer, defendant denied the infringement charge and further asserted that plaintiff's patent was invalid because: 1) of indefiniteness, 2) the method claims covered inoperative...

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