Veaux

Appellant sued appellee alleging infringement of his patent by appellee. The court below entered a judgment for appellee adjudicating the patent sued on to be invalid. D.C., 33 F.Supp. 605, 606 .

The type of box which has long been used in the Pacific Northwest for packing apples and pears is a box having two thick ends which do not bulge, two sides, of a thickness which permits slight bulging, a thin top adapted to permit it to bulge in conformity with the contents, and a thin bottom, which bulges somewhat less than the top.

The following excerpt from appellant’s brief'shows the nature of the patent in issue :

Appellant claimed to have conceived the invention in 1925, but did not actually make a box embodying it until 1928. In 1929 appellee began to make wide use of such a box.

Appellant filed an application for a patent on January 22, 1930. On February 10, 1930, one Ridley, assignor of appellee, filed an application for a patent. The disclosures in each application were- substantially identical. Appellant abandoned his first application, and filed another on October 12, 1931. An interference resulted, which proceedings were not terminated until 1935 when appellee abandoned…