American Can Co. v. M. J. B. Co.

Good Law
48 F.2d 144·8 U.S.P.Q. (BNA) 432·1931 U.S. App. LEXIS 4192
United States Court of Appeals for the Ninth CircuitMarch 16, 1931No. 6155California1,962 words

Opinion

Lead Opinion

Wilbur, J.

This is an action for the infringement of patent No. 1,586,277), issued by the United States to John M. Young, now owned by the appellant, covering a familiar type of tin can, a right cylinder, used as container for food products, such as coffee, butter, etc. The type of ean involved is one in which the cover is severed from the cylindrical body upon opening, by removing from the upper end of the outer cylindrical surface a tearing strip of familiar design. The object of the invention is to utilize the top portion of the can as a reelosure cover to be used after the ean is opened by removal of the tearing strip, the cover fitting tightly enough to form a closure that will protect the contents of the ean. The method of thus utilizing the top portion of the can for reeoverage in order to protect the contents of the can is common in the canning industry. The.contents are sometimes preserved by what is known as an •outside slip cover, fitting over the outer portion of the can at the top (a familiar example of this type of cover being the old-fashioned tin dinner-pail). In appellant’s patent the air-tight closure is effected by friction between a countersunk part of the top and a ring…

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