Home/U.S. Circuit Court for the District of Southern New York/Union Paper-Bag Mach. Co. v. Newell

Union Paper-Bag Mach. Co. v. Newell

24 F. Cas. 660, 11 Blatchf. 379, 6 Fish. Pat. Cas. 582, 1873 U.S. App. LEXIS 1792
CourtU.S. Circuit Court for the District of Southern New York
DecidedNovember 26, 1873
StatusPublished

This text of 24 F. Cas. 660 (Union Paper-Bag Mach. Co. v. Newell) is published on Counsel Stack Legal Research, covering U.S. Circuit Court for the District of Southern New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Union Paper-Bag Mach. Co. v. Newell, 24 F. Cas. 660, 11 Blatchf. 379, 6 Fish. Pat. Cas. 582, 1873 U.S. App. LEXIS 1792 (circtsdny 1873).

Opinion

BLAT.OHFORD District Judge.

This is an application for a preliminary injunction to restrain the defendants from infringing letters patent granted, September 12th, 1805, to Benjamin S. Binney, assignee of E. W. Goodale, the inventor, for a "machine for making paper bags.” As the claim of infringement, on this application, is confined to the first claim of the patent, only such parts of the specification need be referred to as relate to that claim. The specification says- “This invention consists, first, in giving to the side cutters an irregular curve at or near their inside ends, in such a manner that the form of the paper cut by their action, and the corners produced by folding said paper, are of such a shape that the paste shall come upon the paper where it is single, and thus be' enabled to hold better than it does when it is applied in the ordinary way. It designates as "side cutters” the cutters “which serve to cut the paper so that the sides may fold and make the seam in the centre of the bag.” It says, that “these cutters or knives are bent in an irregular curve near their inner ends, so that the paper cut by their action, and the corners produced by folding said paper, are such that the paste shall come upon the paper where it is single, and that it will hold better than it does when applied to the paper in the usual manner.” One of the figures in the drawings contains lines which are said, by the specification, to designate the cuts made by the side cutters. The first claim is in these words; “Making the side cutters, B, with curved ends, substantially as, and for the purpose, set forth.”

In the defendants’ machine there are cutters which serve to cut the paper so that the sides may fold and make the seam in the centre of the bag. They are side cutters. They make a cut of a definite length from the outside edg‘> of the paper inwards towards the centre, so as to leave flaps or side pieces, which are then to be folded over from each side towards the centre, overlapping each other at the centre, and making a seam in the centre. The defendants’ side cutters are not straight or unbent in theit' whole length nor are they bent at an angle near their inner ends; but they are bent in a curve near their inner ends. The effect of this curve is, that, when the side pieces are folded over, the central end piece, of a single thickness of paper, may be pasted down without folding over, in «addition to such single thickness, any part of the double thickness formed by folding the side pieces, and yet the corners will be perfectly close and tight. This result is due to the curve near the inner ends of the side cutters, in contradistinction to an angle there. Where the cutters have an angle there, and the central end piece, of a single thickness, is pasted down, without folding over, in addition, any part of the double thickness, there are holes or openings at the corners, and, to make tight corners, it is necessary to fold down part of the double thickness, and then the paste can only come upon the inner one of the two thicknesses, while the outer one. not being held to the inner one, tends to draw the inner one away from the surface to which it is pasted. This is precisely what is done by the patentee’s arrangement, and what he describes, in the specification, as the result of his arrangement, when he says, that the form of the paper cut by the curved side cutters, and the corners produced by folding said paper, are of such a shape that the paste shall come upon the pape, where it is single, and thus will hold better than when applied to the paper in the usual way. The language of the specification is not very artistic, and the idea sought to be conveyed is not as well expressed as it might be, but the meaning cannot be mistaken, when read in view of the state of the art, by a person skilled therein

It is to be noted, that the body of the

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Bluebook (online)
24 F. Cas. 660, 11 Blatchf. 379, 6 Fish. Pat. Cas. 582, 1873 U.S. App. LEXIS 1792, Counsel Stack Legal Research, https://law.counselstack.com/opinion/union-paper-bag-mach-co-v-newell-circtsdny-1873.