No. 7441 | D.C. Cir. | May 13, 1940
This is a suit to authorize the “reissue” of a patent.
Appellant holds Cooke patent 1,614,455, issued in 1927, for freezing fish or other foods. Its specification and claims describe a series of containers so stacked that the bottom of one serves as the top of another-They have hollow walls, through which brine circulates. Means are provided for lifting them one at a time, warming them, and turning them over, to remove their contents- when frozen.
Appellant asks the reissue of this patent with the addition of claims copied from patents 1,773,079 and 1,773,081, issued to Birdseye in 1930, and from patents 1,822,-121 and 1,822,123, issued to Barry and to Birdseye & Hall in 1931. These added claims, which are here on appeal, do not relate to containers with hollow walls or to any other sort of containers. They disclose the very different concept of freezing food by placing it on a flat refrigerating surface and pressing another flat refrigerating surface down upon it. This eliminates the necessity of freezing in pans or cans, loosening them by warming, and then lifting, inverting and dumping them.
Appellant relies on R.S. § 4916,
As this disposes of the appeal, it is unnecessary to consider the other questions which counsel have argued, including ap-pellee’s defenses of delay and abandonment and appellant’s charges of fraud against one of the other patentees.
Affirmed.
STEPHENS, Associate Justice, concurs in the result.
R.S. §§ 4915, 4916, 35 U.S.C. §§ 63, 64, 35 U.S.C.A. §§ 63, 64.
35 U.S.C. § 64, 35 U.S.C.A. § 64.
“The law imputes knowledge when opportunity and interest, combined with reasonable care, would necessarily impart it.” Ives v. Sargent, 119 U.S. 652, 661, 7 S.Ct. 436, 441, 30 L.Ed. 544.