Pevely Dairy Co. v. Borden Printing Co.

This was an action by appellant, Pevely Dairy Company, against appellee, Borden Printing Company, for infringement of claims 4, 7, 8 and 11 of patent No. 1,829,-915, the one claim of patent No. 1,923,856 and claim 3 of patent No. 1,999,011. Defenses were that the claims were invalid, and that, if valid, they were not infringed. The District Court held the claims invalid and dismissed the action on that ground. From the judgment of dismissal this appeal is prosecuted.

Patent No. 1,829,915.

Patent No. 1,829,915 was applied for by Joseph J. Wasser on December 18, 1930, and was issued to appellant (Wasser’s assignee) on November 3, 1931. The specification states: “This invention relates to display devices; 1 and has special reference to display devices constructed and designed and adapted so that they may be easily passed over the upper ends of the present *18 commercial milk bottles and seated upon the curved shoulders of the bottles In position to display any advertisements contained on the display devices.”

Claims 4, 7, 8 and II 2 describe devices each of which comprises an arcuate piece of pliable material and means for pivotally connecting the ends thereof. Being arcuate, the…