H. C. BAXTER & BRO., ET AL., PLAINTIFFS, APPELLANTS,
v.
THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., DEFENDANT, APPELLEE

1st Cir. | 1965-10-29
No. 6516
352 F.2d 87 United States Court of Appeals for the First Circuit (1965) Positive Treatment
Cited by 6 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal from a finding of invalidity of a process patent for pretreating French fried potatoes so they will fry to a substantially even color. The facts and an extensive discussion are found in the opinion of the district court, 236 F. Supp. 601. Without deciding whether the evidence justified a conclusion that the patent claims in suit are invalid because wholly inoperative, we think the evidence supports the court’s holding that they are invalid under 35 U.S.C. § 112 because of the extent of experimentation required of one skilled in the art in order to ascertain their “teaching.”

Affirmed.


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