Samuel Storchheim v. T. Stevens Daugherty

I concur in the result reached by the majority but I abstain from the discussion of the “criticality” and “materiality” of the limitation in the count that “substantially all of” the particles of aluminous metal “are coarser than 60 mesh.”

Under the law as propounded by this court ever since its creation — law inherited from its predecessor in jurisdiction, the Court of Appeals for the District of Columbia — all that matters is that the limitation is clearly expressed in the count, that it is there. If it is there, it will not be disregarded and the copier must establish that he has supporting…