Parker

Suit for infringement of letters patent No. 980,43 l,t granted plaintiff for a box-making apparatus. While the patent by its terms covers machines for the manufacture of boxes generally, the particular device of the patent is designed and adapted to the making of the character of wooden boxes or crates commonly in use for the marketing and shipment of oranges. The device is distinctly automatic, in contradistinction to the older hand-operated machines of the art, and the evidence shows that it is the first successfully operating device of its kind to be produced, the value of which in the art may be best appreciated from the fact that, while with the older or hand-operated machines the output is about' 80 boxes per hour, by the device of the patent they are manufactured at a rate approximating 450 per hour.

[1] Of the 40 claims of the patent, 17 of the m 2, 3, 4, 6, 8, 9, 10, IF, 19, 20, 31, 34, 35, 37, 38, 39, and 40 — are alleged to be infringed. As to all of these but claim 2, while denying their infringement, it was conceded by defendant at the argument that they are valid and unanticipated. As to claim 2 it is alleged to be invalid by reason of anticipation; but it is…