Legal Opinion

Transmatic, Inc. v. Gulton Industries, Inc., and Patent License Corp.

Court of Appeals for the Sixth Circuit

Decided June 19, 1979No. 78-1113PublishedCited by 7 opinions

1Opinion of the Court

CELEBREZZE, Circuit Judge.

A utility patent, sometimes referred to as a mechanical patent, may be obtained by an inventor for “any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof.” 1 A design patent may be procured for “any new, original and ornamental design for an article of manufacture.” 2 It is also a general rule of patent law that one may obtain only one patent per invention — double patenting is not allowed and results in all but the first-issued patent on the invention being declared invalid. The instant case, one of…

2Cases cited35 opinions

  1. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  2. United States v. TimmreckSupreme Court of the United States · 1979
  3. Mazer v. SteinSupreme Court of the United States · 1954
  4. Gorham Co. v. WhiteSupreme Court of the United States · 1872
  5. Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894

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3Cited by7 opinions

  1. Carman Industries, Inc. v. Eugene A. Wahl and Vibra Screw, Inc.Court of Appeals for the Federal Circuit · 1983
  2. Eugene A. Wahl and Vibra Screw, Incorporated v. Rexnord, IncCourt of Appeals for the Third Circuit · 1980
  3. A & H Mfg. Co., Inc. v. Contempo Card Co., Inc.District Court, D. Rhode Island · 1983
  4. Phillips Petroleum Co. v. United States Steel Corp.District Court, D. Delaware · 1985
  5. Benchcraft, Inc. v. Broyhill Furniture Industries, Inc.District Court, N.D. Mississippi · 1988

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