The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921. Page: 1
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ARGUED AND DETERMINED
UNITED STATES CIRCUIT COURTS OF APPEALS, THE
DISTRICT COURTS, AND THE COURT OF
APPEALS OF THE DISTRICT
ARKELL SAFETY BAG CO. v. SAFEPACK MILLS.
(Circuit Court of Appeals, First Circuit. February 21, 1921. Application for
Rehearing Denied May 13, 1921.)
1. Patents 4=328-790,021, 790,022, for process and machine for making crin-
kled paper, void for anticipation and lack of invention.
The Arkell patents, No. 790,021, for a process for making stretchable
crinkled paper, and No. 790,022, for a machine for carrying out such pro-
cess, hcld void for anticipation and lack of invention, in view of the
2. Patents =328-790,023, for process and machine for making crinkled pa-
per void for lack of invention.
The Arkell patent, No. 790,023, for process and machine for making
stretchable crinkled paper held void for lack of invention.
Morton, District Judge, dissenting.
Appeal from the District Court of the United States for the Dis-
trict of Massachusetts; G. W. Anderson, Judge.
Suit in equity by the Arkell Safety Bag Company against the Safe-
pack Mills. Decree for defendant, and complainant appeals. Af-
The following is the opinion of Anderson, Circuit Judge, in the court
The plaintiff's counsel has presented his client's contentions with ex-
traordinary ability, learning and grace. But I fail to be convinced that the
claims in the plaintiff's patents, alleged to be infringed by the defendant, in-
volve any real and patentable inventions. I think and find that the defendant
is using rights that belong to the public and are not subject to any monopolis-
tic control under patents Nos. 790,021, 790,022, and 790,023, now belonging
to the plaintiff
The admonition of the Supreme Court in Atlantic Works v. Brady, 107 IU. 8.
192, 199, 2 Sup. Ct. 225, 231 (27 L. Ed. 438) seems to me applicable to this
"The process of development in manufactures creates a constant demand for
new appliances, which the skill of ordinary head workmen and engineers is
generally adequate to devise, and which, indeed, are the natural and proper
4=:For other cases see same topic & KEY-NUMBER in all Key-Numbered Digests & Indexes
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The Federal Reporter with Key-Number Annotations, Volume 272: Cases Argued and Determined in the Circuit Courts of Appeals and District Courts of the United States and the Court of Appeals in the District of Columbia, June-August, 1921., legislative document, 1921; Saint Paul, Minnesota. (digital.library.unt.edu/ark:/67531/metadc38843/m1/23/: accessed August 22, 2017), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.