St. Regis Paper Co. v. Bemis Co.
Opinions
The outcome of this appeal turns on the validity of United States patent 3,650,460 and reissue patents 28,317 and 28,318. All three patents claim the invention of specialized bags which prevent leaking and sifting [834] better than previously existing bags. We do not find the bags to be nonobvious within the meaning of 35 U.S.C. § 103, and therefore reverse the judgment of the district court which held the patents valid.
I
The subject of patent 3,650,460 (hereinafter the “Lokey” patent) is best described by reference to Figure 1.
It is a bag of tubular form consisting of several contiguous layers of flexible sheet material, such as paper. The bag is creased to provide a bellows effect so that it will lie flat until filled. Each of the panels formed by the crease is called a “gusset.” The rear surface of the bag is longer at the top than the front surface, allowing the rear surface to be folded over and glued to the front surface, thereby closing the top of the bag. [835] The bag is closed at the bottom in the same manner,
Footnotes
549 F.2d 833 (St. Regis Paper Co. v. Bemis Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.