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PACKAGE DEVICES, INC. v. SUN RAY DRUG CO.

Nos. 18006-18009.

432 F.2d 272 (1970)

PACKAGE DEVICES, INC., Appellant, v. SUN RAY DRUG CO. PACKAGE DEVICES, INC., Appellant, v. WYETH LABORATORIES DIVISION, AMERICAN HOME PRODUCTS CORPORATION. PACKAGE DEVICES, INC., Appellant, v. OWENS-ILLINOIS GLASS COMPANY. PACKAGE DEVICES, INC., Appellant, v. E. J. KORVETTE, INC.

United States Court of Appeals, Third Circuit.

Decided September 29, 1970.

Attorney(s) appearing for the Case

Edward M. Farrell, Bloom, Ocks, & Fisher, Philadelphia, Pa. (Herbert Fisher, Herman Bloom, Philadelphia, Pa., on the brief), for appellant.

Arthur Raisch, Detroit, Mich. (John J. McAleese, Jr., Philadelphia, Pa., John R. Nelson, Toledo, Ohio, Synnestvedt & Lechner, Philadelphia, Pa., Barnes, Kisselle, Raisch & Choate, Detroit, Mich., on the brief), for appellees.

Before BIGGS, McLAUGHLIN and STALEY, Circuit Judges.

OPINION OF THE COURT

BIGGS, Circuit Judge.

The appeals at bar, four in number, concern themselves with the validity and infringement of Claim 2 of Jesnig's United States Patent No. 2,620,938 for the design of a container finish and a container cap. The patent was held invalid as obvious and also was held to be not infringed by the district court. 301 F.Supp. 768 (E.D.Pa., 1969). It is unnecessary to set out Claim 2 in...

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