CARNEGIE-ILLINOIS STEEL CORP. ET AL.
v.
COLD METAL PROCESS CO.

U.S. | 1940-02-26
Nos. 641 and 642
309 U.S. 665 Supreme Court of the United States (1940) Positive Treatment
Cited by 9 cases

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  • …are of the opinion that the use of a rubber sleeve to prevent metal-to-metal contact was an obvious mechanical expediency, and cannot rise to the level of invention. Enterprise Mfg. Co. v. Shakespeare Co., 106 F. 2d 800, 803 (C.A. 6), cert. denied, 309 U.S. 665, 60 S.Ct. 590, 84 L.Ed. 1012. Plaintiff contends that invention is not limited to the rubber spacer sleeve, but that it lies in plaintiff's unique combination of admittedly old elements. It is of course true that old elements can be combined to cre…
  • Immaculata Gallagher v. Smith, 223 F.2d 218 (3d Cir. 1955)
    …, appear that under the rule laid down by the Supreme Court in the [*224] Uterhart, Freuler, Blair, Sharp and Lyeth cases, to which we may add our own cases of Sharpe v. Commissioner of Internal Revenue, 3 Cir., 1939, 107 F. 2d 13, certiorari denied 309 U.S. 665, 60 S.Ct. 591, 84 L.Ed. 1013, and Commissioner of Internal Revenue v. Crawford’s Estate, 3 Cir., 1943, 139 F. 2d 616, the adjudication by the Orphans’ Court of the plaintiff’s interest in the trust income should have been followed by the district co…
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  • Himes v. Chadwick, 199 F.2d 100 (9th Cir. 1952)
    …as an anticipation would teach the mechanic skilled in the art the solution to the problem claimed to be solved [*104] by the invention now in issue. Cold Metal Process Co. v. Carnegie-Ill. Steel Corp., 3 Cir., 108 F. 2d 322, 333, certiorari denied 309 U.S. 665, 60 S.Ct. 590, 84 L.Ed. 1012. If the Berkowitz and Parks “blanks” drawings are placed side by side much of the similarity which appears from the reading of the Parks claims on the Berkowitz drawings disappears. These drawings follow. [*105] The prin…

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