Legal Opinion

Bruce Howes v. The Great Lakes Press Corporation, Holt Manufacturing Company, and Devries Brothers

Court of Appeals for the Second Circuit

Decided May 12, 1982No. 587, Docket 81-7648PublishedCited by 28 opinions

1Opinion of the Court

CARDAMONE, Circuit Judge:

The issue raised on this appeal is whether the method devised by appellant, Bruce Howes, which makes possible the faithful transfer of color art work to fabric by means of treated heat transfer paper is a process which is patentable under 35 U.S.C. § 101. 1 We believe that it is and reverse the order of the district court which determined as a matter of law that it was not.

I

Prior State of the Art

Photography

We sketch briefly the state of the art with respect to printing on fabric, before appellant developed the process which is the subject of this litigation. Prior to…

2Cases cited25 opinions

  1. Graham v. John Deere Co. of Kansas CitySupreme Court of the United States · 1966
  2. Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp.Supreme Court of the United States · 1951
  3. The Barbed Wire PatentSupreme Court of the United States · 1892
  4. Diamond v. DiehrSupreme Court of the United States · 1981
  5. Gottschalk v. BensonSupreme Court of the United States · 1972

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3Cited by28 opinions

  1. Richard Samuels v. Air Transport Local 504Court of Appeals for the Second Circuit · 1993
  2. Louis Batista, Manuel Padin and Felix Padin, Jr. v. Michael Rodriguez, Robert J. Nadrizny and the City of Bridgeport, the City of BridgeportCourt of Appeals for the Second Circuit · 1983
  3. Fed. Sec. L. Rep. P 99,479 Samuel Mallis and Franklyn B. Kupferman, Cross-Appellants v. Bankers Trust Company, Cross-AppelleeCourt of Appeals for the Second Circuit · 1983
  4. W.W.W. Pharmaceutical Company, Inc. v. The Gillette CompanyCourt of Appeals for the Second Circuit · 1993
  5. Shiv B. Katara, as Administrator of Manisha Sportswear, Inc. Defined Pension Trust v. D.E. Jones Commodities, Inc., and Alpha O. NickelberryCourt of Appeals for the Second Circuit · 1987

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