39 F.2d 373 (3rd Cir. 1930), 4215, Radiator Specialty Co. v. Buhot

Docket Nº4215.
Citation39 F.2d 373, 4 U.S.P.Q. 205
Party NameRADIATOR SPECIALTY CO. v. BUHOT.
Case DateFebruary 27, 1930
CourtUnited States Courts of Appeals, Court of Appeals for the Third Circuit

Page 373

39 F.2d 373 (3rd Cir. 1930)

4 U.S.P.Q. 205

RADIATOR SPECIALTY CO.

v.

BUHOT.

No. 4215.

United States Court of Appeals, Third Circuit.

February 27, 1930

E. Hayward Fairbanks, of Philadelphia, Pa. (Paul B. Eaton, of Charlotte, N.C., and John Q. Frey, of Newark, N.J., of counsel), for appellant.

Paul H. Wendel, of Trenton, N.J., for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and MORRIS, District Judge.

WOOLLEY, Circuit Judge.

The plaintiff sued for infringement of Letters Patent No. 1,613,055, issued to him on January 4, 1927. Only the first claim was in suit. The single issue was validity of the patent, the defendant admitting that, if valid, he infringed. The learned trial court found the patent invalid for want of invention in view of the art and dismissed the bill. The case is here on the plaintiff's appeal.

The invention, as disclosed by the claim, is for a composition of matter 'for stopping leaks in hot-water circulating systems, comprising a mixture of aluminum, flaxseed meal, sulphur and soap,' in about the proportions, as disclosed by the specification, of

Powdered Aluminum, 15 per cent.

Flaxseed Meal, 60 per cent.

Sulphur, 5 per cent.

Soap, 20 per cent.

In order to determine whether the claimed invention constitutes progress in a useful art for which the inventor is entitled to the reward of a patent, clause 8, Sec. 8, art. 1, of the Constitution, we shall first inquire in what art the invention stands, and what arts, seemingly analogous or related, are outside its borders. This inquiry will be pursued along lines that distinguish not merely the physical differences in the arts but particularly the difference in their problems.

The inventor defines his art as that of stopping leaks not everywhere but 'in hot-water circulating systems,' of which the best illustration (though not a limitation) is the hot-water circulating system of an automobile

Page 374

combustion engine, including the radiator, to which, for convenience and because it is there that most leaks occur, we shall address our discussion. Admittedly this art is crowded.

But leaks also occur in the inner tube of an automobile tire and many preparations or compositions of matter have been invented to stop them. Whether an analogous or different art, it, too, is crowded.

There has been a tendency, because of the fact of leaks and the common desire to stop them wherever they occur, to regard both arts as one. In consequence, the crowds of inventors in the two arts have become badly mingled and their inventive conceptions have become mixed and confused when applied to the problems and remedies of one art or the other.

The test whether the arts are the same or different lies not in the fact or in the thought, of leaks, common to both arts, but in the difference in leaks, in the place of the leaks, in the problems arising from difference in place and structure and in the means and methods of solving them.

In an automobile tire with its inner tube, which for convenience we shall regard as a unit, there is no 'hot-water circulating system.' The tire is, therefore, on the patentee's definition, outside the art of the patent. But it has nevertheless, a fluid circulating system, normally that of air. Availing themselves of this fact, inventors conceived that if some leak-stopping composition were injected into the tire, it would circulate with the air and any added fluid and, coming upon a puncture or leak when it occurred, would stop it. Thus, when such solid matter is...

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20 practice notes
  • The null patent.
    • United States
    • William and Mary Law Review Vol. 53 Nbr. 6, May 2012
    • May 1, 2012
    ...patent's disclosure sets forth the "thing to be done ... so ... that it can be reproduced"); Radiator Specialty Co. v. Buhot, 39 F.2d 373, 376 (3d Cir. 1930) ("It is with the inventive concept, the thing achieved, not with the manner of its achievement or the quality of the m......
  • The teaching function of patents.
    • United States
    • Notre Dame Law Review Vol. 85 Nbr. 2, February 2010
    • February 1, 2010
    ...be negatived by the manner in which the invention was made.'" (quoting 35 U.S.C. [section] 103(a))); Radiator Specialty Co. v. Buhot, 39 F.2d 373, 376 (3d Cir. 1930) ("It is with the inventive concept, the thing achieved, not with the manner of its achievement or the quality of th......
  • PATENTING AROUND FAILURE.
    • United States
    • University of Pennsylvania Law Review Vol. 166 Nbr. 5, April 2018
    • April 1, 2018
    ...patent's disclosure sets forth the "thing" to be done so that it can be reproduced); see also Radiator Specialty Co. v. Buhot, 39 F.2d 373, 376 (3d Cir. 1930) ("It is with the inventive concept, the thing achieved, not with the manner of its achievement or the quality of the ......
  • 45 F.Supp. 108 (W.D.N.Y. 1942), New Wrinkle v. Fritz
    • United States
    • Federal Cases United States District Courts 2nd Circuit Western District of New York
    • March 26, 1942
    ...or from a flash of thought. ' Walker on Patents, Deller Ed. Vol. 1, pages 114, 115. Also Radiator Specialty Co. v. Buhot, 3 Cir., 39 F.2d 373; Diamond Rubber Co. v. Consolidated Tire Co., 220 U.S. 428, 31 S.Ct. 444, 55 L.Ed. 527. XIII. The 'wrinkle' finish, as applied to this composition, h......
  • Request a trial to view additional results
17 cases
  • 45 F.Supp. 108 (W.D.N.Y. 1942), New Wrinkle v. Fritz
    • United States
    • Federal Cases United States District Courts 2nd Circuit Western District of New York
    • March 26, 1942
    ...or from a flash of thought. ' Walker on Patents, Deller Ed. Vol. 1, pages 114, 115. Also Radiator Specialty Co. v. Buhot, 3 Cir., 39 F.2d 373; Diamond Rubber Co. v. Consolidated Tire Co., 220 U.S. 428, 31 S.Ct. 444, 55 L.Ed. 527. XIII. The 'wrinkle' finish, as applied to this composition, h......
  • 219 F.2d 353 (9th Cir. 1955), 14046, Hycon Mfg. Co. v. H. Koch & Sons
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Ninth Circuit
    • January 31, 1955
    ...are constrained to hold the patent valid on a fact finding of invention in its subject matter.' Radiator Speciality Co. v. Buhot, 3 Cir., 39 F.2d 373, 376. At the time of that opinion, there was trial de novo in appellate courts in patent cases. [6] See Doehler Metal Furniture Co., Inc., v.......
  • 164 F.2d 861 (7th Cir. 1947), 9261, Wallace v. Mandel Bros.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Seventh Circuit
    • December 12, 1947
    ...be said to be analogous, and, if the converse is true, they are nonanalogous arts.' Page 864 In Radiator Specialty Co. v. Buhot, 3 Cir., 39 F.2d 373, 374, it was held that the inquiry as to whether two arts are analogous should be pursued along lines that distinguish not merely the physical......
  • 169 F.2d 72 (3rd Cir. 1948), 9497, Galion Metallic Vault Co. v. Edward G. Budd Mfg. Co.
    • United States
    • Federal Cases United States Courts of Appeals Court of Appeals for the Third Circuit
    • June 30, 1948
    ...success. It concedes this argument is only available if there is doubt as to patentability. Radiator Specialty Co. v. Buhot, 3 Cir., 39 F.2d 373, 376. And that is not the status of this patent under the holding of the court below. In addition, examination of the record reveals the claimed s......
  • Request a trial to view additional results
3 books & journal articles
  • The teaching function of patents.
    • United States
    • Notre Dame Law Review Vol. 85 Nbr. 2, February 2010
    • February 1, 2010
    ...be negatived by the manner in which the invention was made.'" (quoting 35 U.S.C. [section] 103(a))); Radiator Specialty Co. v. Buhot, 39 F.2d 373, 376 (3d Cir. 1930) ("It is with the inventive concept, the thing achieved, not with the manner of its achievement or the quality of th......
  • PATENTING AROUND FAILURE.
    • United States
    • University of Pennsylvania Law Review Vol. 166 Nbr. 5, April 2018
    • April 1, 2018
    ...patent's disclosure sets forth the "thing" to be done so that it can be reproduced); see also Radiator Specialty Co. v. Buhot, 39 F.2d 373, 376 (3d Cir. 1930) ("It is with the inventive concept, the thing achieved, not with the manner of its achievement or the quality of the ......
  • The null patent.
    • United States
    • William and Mary Law Review Vol. 53 Nbr. 6, May 2012
    • May 1, 2012
    ...patent's disclosure sets forth the "thing to be done ... so ... that it can be reproduced"); Radiator Specialty Co. v. Buhot, 39 F.2d 373, 376 (3d Cir. 1930) ("It is with the inventive concept, the thing achieved, not with the manner of its achievement or the quality of the m......