Union Asbestos & Rubber Company v. The Paltier Corporation

I concur in the result reached by Judge Duffy in his opinion. But I would affirm the District Court’s denial of summary judgment for the defendant on the basis that the change here made in the claims by the reissue patent, unlike the change considered in Crane Packing Company v. Spitfire Tool & Machine Co., 7 Cir., 276 F.2d 271, did not preempt additional subject matter by a broadening or enlargement of the scope of the claims of the original patent. Here there was but a minor change in dimension of an offset surface — a feature embraced by the original claims. The change was not novel nor…