Oneal

This is an appeal from an interlocutory decree in favor of Oneal, and enjoining the San Jose Canning Company from infringing certain patent rights. Damages were also sued for. The company set up noninfringement; invalidity, and lack of invention.

Appellee’s patent, No. 1,235,680, issued August 7, 1917, to Greco, assigned by him to Oneal, relates to a device and method of preparing string beans for canning. The strings are first removed from the beans, the beans are then blanched to make them pliable, and then are placed in bunch formation within a mold. The ends of the beans which project are cut off so as to secure uniformity. The beans in bunches are put into the can by inserting the end of the mold into the open end of the can, and then clamping the mold. A slight jar of the mold causes the beans to slip into the can. When the can is opened and the contents removed, the bunch of beans is substantially of uniform length. The mold has at one end an outwardly projected flange, which, when the guide end of the mold is inserted within the open mouth of the can, rests on the end thereof. The beans are put into the mold when open. The mold is then closed and a clamp lock lowered to…