March 21, 1935
BETTER PACKAGES, INC., PLAINTIFF-APPELLANT,
L. LINK & CO., INC. LOUIS LINK AND CHARLES F. ALBERS, DEFENDANTS-APPELLANTS
Appeal from the District Court of the United States for the Southern District of New York.
Before L. HAND, SWAN, and CHASE, Circuit Judges.
Upon the plaintiff's petition for reargument as to reissue patent No. 18,322, we have again carefully considered the question of validity, and we adhere to our former conclusion. Even if Elliott alone is not enough to anticipate claim 1, we cannot hold that invention was involved in making the adjustments necessary for the patent in suit out of parts shown in Brownson, Pitney, Elliott, and Kreuger's first patent. The defendants' new ground of attack, based on failure to disclaim after Judge Hickenlooper's decision holding invalid certain claims of the parent patent, No. 1,638,815, has not been considered, as it is not presented by this record.
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