Container Company v. Carpenter Container Corporation

This is an appeal from a declaratory judgment holding defendant’s patent invalid. Judge Rodney in his excellent opinion in the District Court, 99 F.Supp. 167, found as a fact that the essential elements of appellant’s combinations were all included in the prior art and that those combinations do not demonstrate the degree of novelty necessary to constitute patentable invention over the prior art. Cuno Engineering Corp. v. Automatic Devices Corp., 314 U.S. 84, 91, 62 S.Ct. 37, 86 L.Ed. 58; Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 71 S.Ct. 127, 95 L.Ed.…