Fulton Co. v. Bishop & Babcock Co.

Upon Application for Rehearing.

It is said that the opinion mistook the position of defendant below in respect to the relation of the two patents in suit; that defendant did not contend for an inference of noninfringement of the process patent from “the fact that the product patent is held not infringed”; but that defendant’s contention was intended to be this: “The broader product claims having been rejected as being merely the inevitable product of certain prior art processes, and this rejection having been acquiesced in by Fulton, obviously the process claims must be similarly construed to…