Autokraft Box Corp. v. Stone

Third Circuit

Autokraft Box Corp. v. Stone

98 F.2d 884, 38 U.S.P.Q. (BNA) 438, 1938 U.S. App. LEXIS 3354

CourtCourt of Appeals for the Third Circuit

DecidedAugust 8, 1938

DocketNo. 6356

StatusPublished

This text of 98 F.2d 884 (Autokraft Box Corp. v. Stone) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Autokraft Box Corp. v. Stone, 98 F.2d 884, 38 U.S.P.Q. (BNA) 438, 1938 U.S. App. LEXIS 3354 (3d Cir. 1938).

Pincite

Opinion

PER CURIAM.

The plaintiff-appellant has appealed from that part of the decree of the District Court holding claims 3, 4, 5, 8, 13, 14, 15 and 16 of its patent No. 1,646,563 invalid. Claims 20 and 39 of the patent were held valid and infringed and an accounting was ordered. The defendants-appellees did not appeal.

The patent here involved “relates to apparatus and methods for wrapping boxes”. Claims 20 and 39 are for an apparatus. All the other claims are for a method.

The question involved in this case is whether or not the method of wrapping a cigar box described in the patent was old in the art and anticipated.

The opinion of the learned District Judge filed October 28, 1936 (Autokraft Box Corporation v. Nu-Box Corporation, D.C., 16 F.Supp. 794) thoroughly discusses the question and we think his discussion is entirely adequate. Accordingly, we affirm the decree on his opinion.

The decree is affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI