Legal Opinion

Chicopee Folding Box Co. v. Nugent

U.S. Circuit Court for the District of Eastern New York

Decided December 31, 1889PublishedCited by 2 opinions

■ In Equity. Final hearing in a suit to restrain infringement of the second claim of letters patent 171,866, for improvement in paper boxes, granted January 4, 1876, to Reuben Ritter. The claims reads as follows: “ (2) A box top consisting of the parts, /, f1, f2, fs, connected together by notched extensions, /4, passed through slots, f5, in the manner and for the purpose described.” (1) As to invention: Palmer v. Johnston, 34 Fed. Rep. 337; Stegner v. Blake, 36 Fed.

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■ In Equity. Final hearing in a suit to restrain infringement of the second claim of letters patent 171,866, for improvement in paper boxes, granted January 4, 1876, to Reuben Ritter. The claims reads as follows: “ (2) A box top consisting of the parts, /, f1, f2, fs, connected together by notched extensions, /4, passed through slots, f5, in the manner and for the purpose described.” (1) As to invention: Palmer v. Johnston, 34 Fed. Rep. 337; Stegner v. Blake, 36 Fed. Rep. 183; Baldwin v. T. G. Conway Co., 35 Fed. Rep. 519; Process Co. v. Distilling Co., 37 Fed. Rep. 534; Marvin v. Gotshall,…

1Opinion of the CourtLacombe, J.

This is one of those cases where, taking into consideration the prior state of the art, the existence of patentable ingenuity in the alleged invention is not apparent to the ordinary mind, although the inventor, the complainant, its expert, and its counsel seeni to have no difficulty in detecting it. In this case, however, as in those of the police nippers, (Baldwin v. T. G. Conway Co., 35 Fed. Rep. 519,) of the sash balance, (Palmer v. Johnston, 34 Fed. Rep. 337,) of the internally heated fixing chamber, (Safe-Deposit Co. v. Gas-Light Co., 39 Fed. Rep. 273,) and of the other patents referred…

2Cited by2 opinions

  1. Coffield Motor Washer Co. v. A. D. Howe Mach. Co.U.S. Circuit Court for the District of Northern West Virginia · 1911
  2. National Folding-Box & Paper Co. v. ElsasU.S. Circuit Court for the District of Southern New York · 1894

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