Container Corporation of America, a Corporation v. M.C.S. Corporation

Plaintiff appeals from a judgment of the District Court holding plaintiff’s patent in suit (No. 2,638,261) to be invalid. This patent discloses a Frozen Food Carton with Plastic Lid; i. e., a paper board open top carton, having a lap-joint extending to the upper edge of the carton, and a cover, having a peripheral downwardly extending recess for engagement with the top of the carton with the recess being twice as wide at the lap-joint to fit the double thickness of the carton wall at that point, as created by the lap-joint. The court found the patented device constituted a combination of old elements, which combination could have been produced by any competent person reasonably skilled in the art, and hence was wanting in invention.

Appellant urges that the trial court interpreted the patent too narrowly; that the court gave weight to the Hill Patent (last patent, Defendant’s Exhibit B) to which it was unentitled. But this is mere supposition on the part of appellant. The court said in its Findings:

Appellant concedes that such a view point is “a factor,” but argues that the court failed to consider other features— first, the wide opening; second, the wider groove or recess…