Aro Manufacturing Co. v. Convertible Top Replacement Co.

I agree that the replacement of the top was “repair” and not “reconstruction,” but I cannot agree that the test suggested by my Brother Whittaker for determination of that question is the correct one. My Brother Harlan's dissent cogently states the reasons why I also think that is too narrow a standard of what constitutes impermissible “reconstruction.” For there are circumstances in which the replacement of a single unpatented component of a patented combination short of a second creation of the patented entity may constitute “reconstruction.” Leeds & Catlin Co. v. Victor Talking Machine…