Legal Opinion
Linde Air Products Co. v. Graver Tank & Mfg. Co.
District Court, N.D. Indiana
Decided June 6, 1947No. 607PublishedCited by 23 opinions
1Opinion of the Court
SWYGERT, District Judge.
The first question to be decided in this case is: Did the patentees invent something patentable over the prior art of electric welding? If they did, two collateral questions arise: What constitutes their invention, and what are its boundaries?
The evidence on the first question is clear and convincing that Jones, Kennedy and Rotermund invented an important improvement in electric welding. Their method of welding differs vastly from electri'c-arc hand welding either of the bare rod or coated rod variety. Furthermore, an inventive-level difference exists between their…
2Cases cited8 opinions
- Cochrane v. DeenerSupreme Court of the United States · 1877
- Aluminum Co. of America v. Thompson Products, Inc.Court of Appeals for the Sixth Circuit · 1941
- WM. B. Scaife & Sons Co. v. Falls City Woolen MillsCourt of Appeals for the Sixth Circuit · 1913
- Westinghouse Electric & Manufacturing Co. v. QuackenbushCourt of Appeals for the Sixth Circuit · 1931
- Kalle & Co. v. Multazo Co.Court of Appeals for the Sixth Circuit · 1940
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Raytheon Company, Appellee/cross-Appellant v. Roper Corporation, Appellant/cross-AppelleeCourt of Appeals for the Federal Circuit · 1983
- Terrell J. Reese and Reese Products, Inc. v. Elkhart Welding and Boiler Works, Inc.Court of Appeals for the Seventh Circuit · 1971
- Gray Tool Co. v. Humble Oil & Refining Co.Court of Appeals for the Fifth Circuit · 1951
- Parmelee Pharmaceutical Company, and William v. Consolazio v. Lawrence C. Zink, D/B/A Zink Safety Equipment CompanyCourt of Appeals for the Eighth Circuit · 1961
- Union Carbide & Carbon Corp. v. Graver Tank & Mfg. Co., Inc.Court of Appeals for the Seventh Circuit · 1952
18 more not listed; retrieve them via the Exa API.