NATIONAL CARBON CO.

v.

WESTERN SHADE CLOTH CO.

Citator

Cited By

• Paeco, Inc. v. Applied Moldings, Inc., 562 F.2d 870 (3d Cir. 1977)
  …t importance. A patent granted on a product claim describing one process grants no monopoly as to identical products manufactured by a different process. See Nat’l Carbon Co. v. Western Shade Cloth Co., 93 F. 2d 94, 98 (7th Cir. 1937), cert. denied, 304 U.S. 570, 58 S.Ct. 1039, 82 L.Ed. 1535 (1938). These considerations do not establish with any degree of certainty that the phrase in question describes the mold not the beam, but no such certainty is needed to uphold the claim. The construction which we sug…
• Atl. Thermoplastics Co., Inc. v. Faytex Corp., 970 F.2d 834 (Fed. Cir. 1992)
  …ue.” The Sixth Circuit determined that a synthetic folic acid process did not infringe the claimed extraction process. Id. Likewise, the Seventh Circuit in National Carbon Co. v. Western Shade Cloth Co., 93 F. 2d 94, 97 (7th Cir.1937), cert, denied, 304 U.S. 570, 58 S.Ct. 1039, 82 L.Ed. 1535 (1938), stated: “It has been said that a claim for a product produced by any process which will produce a like result covers the product only when made by equivalent processes.” Indeed sister circuits that examined the…
• Atl. Thermoplastics Co., Inc. v. Faytex Corp., 974 F.2d 1279 (Fed. Cir. 1992)
  …ences. See n. 3, supra, and accompanying text. The other cases relied on by the Atlantic panel are of much older vintage than Pae-co. In National Carbon Co. v. Western Shade Cloth Co., 93 F. 2d 94, 97, 35 USPQ 404, 407 (7th Cir.1937), cert. denied, 304 U.S. 570, 58 S.Ct. 1039, 82 L.Ed. 1535 (1938) the claims were to a carbon product (used in gas masks). The product was claimed solely in terms of functional limitations, viz., that the carbon had a retentive value of not less than 20 per cent and a life serv…