MCGRATH ET AL., TRUSTEES, ET AL.
v.
FOX

U.S. | 1946-04-22
No. 953
327 U.S. 806 Supreme Court of the United States (1946) Positive Treatment
Cited by 9 cases

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  • …d panels account for anything whatever.” The best of the art relied on here was before the Patent Office and this fact strengthens the presumption of validity. Modern Products Supply Co. v. Drachenberg, 6 Cir., 152 F. 2d 203, 205, certiorari denied 327 U.S. 806, 66 S.Ct. 964, 90 L.Ed. 1030. Moreover, the District Court’s conclusion as to the validity of the apparatus claims is strengthened by the fact that the patents have been upheld in previous adjudications. Cold Metal Process Co. v. United Engineering…
  • …32, 287 U.S. 624, 53 S.Ct. 79, 77 L.Ed. 542. In the absence of an immediate sale, deposits received as security are not income at the time received. Wichita Coca Cola Bottling Co. v. United States, 5 Cir., 1945, 152 F. 2d 6, certiorari denied 1946, 327 U.S. 806, 66 5. Ct. 964, 90 L.Ed. 1031. But when unclaimed deposits are closed out, then income is received. Wichita, supra. If the manufacturer has credited to surplus in one year a substantial amount of these deposits which have been accumulating over a p…
  • …d at page 837]: “The best of the art relied on here [as in the instant case] was before the Patent Office and this fact strengthens the presumption of validity. Modern Products Supply Co. v. Drachenberg, 6 Cir., 152 F. 2d 203, 205, certiorari denied 327 U.S. 806, 66 S.Ct. 964, 90 L.Ed. 1030.” As we think has been hereinbefore indicated, the trial judge made an adequate, succinct and accurate statement of the reasons for which the claims of the patent were considered valid. There was ample basis in the test…

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