Kalich

This is an appeal from the judgment of the District Court of the Northern District of California, Southern Division, in a suit for the alleged infringement by appellants of Patent No.-2,124,412 and Reissue Patent No. 21,144. The patents, which were issued to one Wesley Dodge and then assigned to the appellee herein, allegedly cover a method of packing lettuce in parchment or other paper, both waterproof and moisture permeable, to protect" the lettuce from direct contact with surrounding ice while keeping the lettuce in a cold but humid atmosphere. All three claims of the original patent the lower court held riot infringed but ruled that Claims 4, 5 and-6 of the reissue patent, claims which do 'not appear in the original patent, are infringed by appellants.

The original patent was issued July 19, 1938 and the reissue patent July 1-1, 1939. The application for the reissue patent was denied at first for the reason that the new claims sought by the reissue patent did not cover any invention which applicant obviously intended to secure by the grant of the original patent and further that the. claims were anticipated by prior art. After amendment, the reissue patent was…