Greene Process Metal Co. v. Washington Iron Works
Decision Date | 27 July 1936 |
Docket Number | No. 7645.,7645. |
Citation | 84 F.2d 892 |
Parties | GREENE PROCESS METAL CO. v. WASHINGTON IRON WORKS. |
Court | U.S. Court of Appeals — Ninth Circuit |
Ben C. Grosscup, of Seattle, Wash. (William H. Davis and Merton W. Sage, both of New York City, of counsel), for appellant.
Battle, Hulbert, Helsell & Bettens, of Seattle, Wash. (Merrell E. Clark, of New York City, of counsel), for appellee.
Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.
Appellant's bill of complaint charged appellee with infringing a patent owned by appellant, and prayed for an injunction restraining further infringement thereof and for an accounting of profits and damages. Appellee's answer pleaded invalidity of the patent and denied the alleged infringement. On final hearing, the District Court held the patent invalid for lack of invention and for lack of novelty and, accordingly, entered a decree dismissing the bill. This appeal is from that decree.
The patent in question was applied for by Albert E. Greene on January 2, 1909. Greene's application was pending in the Patent Office for a period of sixteen years, during which it was amended fourteen times. This much-amended application was finally granted, and the patent here in question, No. 1,532,052, was issued to appellant, as Greene's assignee, on March 31, 1925. It is for an alleged improvement in the treatment of iron or steel in electric furnaces. The specification states:
This patent contains ten claims, all of which are in suit. With the exceptions hereafter noted, the ten claims are identical. Claim 6 reads: "The method of treating iron or steel which consists in a applying thereto a slag comprising lime and silica and maintaining the metal and slag molten on a basic hearth in an electric furnace b under reducing conditions, c the quantity of silica being about 25 to 35 per cent. of the total weight of the slag."
The introductory words of claims 4 and 5 are: "In the making of soft or low carbon steel the method which consists in applying to the bath a slag comprising * * *."
Element a of claim 6 appears in all the claims.
In claims 1, 2, 3, 4, and 5, element b of claim 6 is omitted. In claims 8 and 10, element b reads: "* * * while subjected to the action of a reducing agent."
In claims 2 and 7, element c reads: "* * * the lime and silica being approximately in such proportions as to form a neutral mixture, that is, a mixture which is neither strongly acid nor strongly...
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