General Foods Corporation v. Perk Foods Co.

SWYGERT, Circuit Judge.

I respectfully dissent. In Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U.S. 271, 274-275, 69 S.Ct. 535, 537-538, 93 L.Ed. 672 (1949), the Supreme Court emphasized the deference that appellate courts should give to findings made by trial courts in patent cases when there is a conflict in the evidence and the trial court has had the benefit of scientific demonstrations. There the Court said:

To no type of case is this last clause [Fed.R.Civ.P. 52(a)] more ap*950propriately applicable than to the one before us, where the evidence is largely the testimony of experts as…