Deubener v. R. Brownson & Co.

POLLOCK, District Judge.

This appeal brings up for review an order denying infringement of letters patent granted to Walter H. Deubener, No. 1,305,198, for an improvement on an open-topped collapsible bag, made of paper or other fibrous material, and employed in carrying small packages of merchandise and other articles. Dor convenience, appellant will be referred to as “plaintiff,” as on the record in the court below, and appellee as “defendant.”

At a trial of the suit the court below did not pass upon the validity of the one claim of the patent in suit, but contented itself with a holding the…