H. C. BAXTER & BRO., ET AL., PLAINTIFFS, APPELLANTS,
v.
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., DEFENDANT, APPELLEE
H. C. BAXTER & BRO., ET AL., PLAINTIFFS, APPELLANTS,
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., DEFENDANT, APPELLEE
352 F.2d 87
United States Court of Appeals for the First Circuit (1965)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
This is an appeal from a finding of invalidity of a process patent for pretreating French fried potatoes so they will fry to a substantially even color. The facts and an extensive discussion are found in the opinion of the district court, 236 F. Supp. 601. Without deciding whether the evidence justified a conclusion that the patent claims in suit are invalid because wholly inoperative, we think the evidence supports the court’s holding that they are invalid under 35 U.S.C. § 112 because of the extent of experimentation required of one skilled in the art in order to ascertain their “teaching.”
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Borg-Warner Corp. v. Paragon Gear Works, Inc., 355 F.2d 400 (1st Cir. 1965)
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Gross v. Gen. Motors Corp., 521 F.2d 45 (1st Cir. 1975)
-
Mrs. Winston Caldwell v. The United States, 481 F.2d 898 (Ct. Cl. 1973)