Winslow Engineering Company, Appellant-Petitioner v. Leroy Smith, an Individual, Doing Business as Rol Pak Co., Appellee-Respondent

After our former decision in this case, 223 F.2d 438, we granted a rehearing limited to the question whether the appellant’s claims are invalid under the rule of Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U.S. 271, 277, 69 S. Ct. 535, 538, 93 L.Ed. 672. Reference to our former opinion will disclose the reasons why we previously answered that question in the affirmative.

During the rehearing, the appellant, in analyzing the portion of the opinion in the Graver case which set forth the principles applicable to the requirement that statements of claims must “ ‘particularly point out…