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CUSTOM PAPER PRODUCTS CO. v. ATLANTIC PAPER BOX CO.

Nos. 72-1165, 72-1171.

469 F.2d 178 (1972)

CUSTOM PAPER PRODUCTS CO. et al., Plaintiffs, Appellants, v. ATLANTIC PAPER BOX CO., Defendant, Appellee. CUSTOM PAPER PRODUCTS CO. et al., Plaintiffs, Appellees, v. ATLANTIC PAPER BOX CO., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided November 9, 1972.

Attorney(s) appearing for the Case

Francis A. Utecht, Long Beach, Cal., with whom Dike, Bronstein, Roberts & Cushman, Robert F. O'Connell, Boston, Mass., and Fulwider, Patton, Rieber, Lee & Utecht, Long Beach, Cal., were on brief, for Custom Paper Products Co., and others.

Gerald Altman, Boston, Mass., with whom Herbert L. Bello and Morse, Altman & Oates, Boston, Mass., were on brief, for Atlantic Paper Box Co.

Before ALDRICH, McENTEE and CAMPBELL, Circuit Judges.

ALDRICH, Senior Circuit Judge.

These appeals raise the issues of validity and infringement of claim 3 of Hincher Patent No. 2,841,056. The patent claims a machine which flares one edge of a cardboard strip that is to be used as the vertical component, or side, of a box—notably an inexpensive heart-shaped candy box—whose design makes stability difficult. Flaring what is to be the lower edge increases the surface...

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