Schultz

One Gaubert brought this action against appellees to recover for alleged infringement of patent No. 2,094,594 issued to him on October 5, 1937. Subsequently appellant, having become the owner of the alleged patent, was substituted as appellant. The court below held the claims in issue (Claims 2, 3, 5, 8, 14, 18 and 19) to be anticipated and invalid. From a decree to that effect, this appeal followed.

The patent in issue relates to a machine for making bags from “Cellophane”. The machine has two parts: (a) The folding mechanism; and (b) the sealing mechanism. The folding mechanism consists of (1) a table; (2) a plate-like mandrel which is hinged at the back and may be lowered in -order to hold a sheet of Cellophane against the table; (3) means for folding *139 the sides of the Cellophane which extend beyond the edges of the mandrel, consisting of a flat metal strip on each side of the mandrel which move over the top of the mandrel, thus causing the edges of the opposite sides of the sheet to overlap at the center of the mandrel; (4) a narrow strip of flat metal on each side of the mandrel each of which strips moves toward the other and on top of the Cellophane folded over the…