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MAHAFFY AND HARDER ENG. CO. v. STANDARD PACKAGING CORP.

No. 11377.

389 F.2d 525 (1968)

MAHAFFY AND HARDER ENGINEERING COMPANY, Appellant, v. STANDARD PACKAGING CORPORATION, Appellee.

United States Court of Appeals Fourth Circuit.

Decided January 29, 1968.

Attorney(s) appearing for the Case

Roland T. Bryan, Stamford, Conn. (Haynes N. Johnson, Robertson, Bryan, Parmelee & Johnson, Stamford, Conn., Boothe, Dudley, Koontz, Blankingship & Stump, Alexandria, Va., and Curtis, Morris & Safford, New York City, on the brief), for appellant.

Dana M. Raymond, New York City (Eppa Hunton, IV, Richmond, Va., and Frederick C. Carver, and Brumbaugh, Free, Graves & Donohue, New York City, on the brief), for appellee.

Before SOBELOFF, BOREMAN and BRYAN, Circuit Judges.

ALBERT V. BRYAN, Circuit Judge:

Patent No. 3,125,839, to be designated as 839, covering an element of a vacuum packaging apparatus and issued to Reid A. Mahaffy and John R. Harder on March 24, 1964, upon an application filed May 3, 1962, was declared invalid by the District Judge for obviousness, lack of invention and overclaiming. Since we agree that the patented device was obvious and so lacked invention, we affirm.

The patentees' exclusive licensee, appellant...

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