CONTINENTAL CAN COMPANY v. OLD DOMINION BOX COMPANY

No. 252, Docket 31801.

393 F.2d 321 (1968)

CONTINENTAL CAN COMPANY, Inc., Defendant-Appellant, v. OLD DOMINION BOX COMPANY, Inc. and Dacam Corporation, Plaintiffs-Appellees.

United States Court of Appeals Second Circuit.

Decided April 8, 1968.


Attorney(s) appearing for the Case

William K. Kerr, New York City (David W. Plant, New York City, of counsel), for defendant-appellant.

Harold James, New York City (James & Franklin, New York City, on the brief), for plaintiffs-appellees.

Before WATERMAN and FEINBERG, Circuit Judges, and BARTELS, District Judge.


BARTELS, District Judge.

Continental Can Company, Inc. appeals from a declaratory judgment of the District Court holding invalid for want of invention under 35 U.S.C.A. § 103, the patent known as A. J. Weiss Patent (2,990,997), relating to a rotary latching or locking action on wrap-around cartons or carriers, and also holding unenforceable under 35 U.S.C.A. § 135(c) any rights Continental might have had under the Weiss patent.

Old Dominion Box Company...

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