DAVIS
v.
RAGEN, WARDEN; AND MONTIEL V. RAGEN, WARDEN

U.S. | 1947-01-20
Nos. 856; No. 858
329 U.S. 811 Supreme Court of the United States (1947) Positive Treatment
Cited by 3 cases

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  • George P. Converse & Co., Inc. v. Polaroid Corp., 242 F.2d 116 (1st Cir. 1957)
    …e aforementioned patents, we believe that the plaintiff, Waters, provided no final step that proved the difference between success and failure as was the case in Lincoln Stores v. Nashua Mfg. Co., 1 Cir., 1946, 157 F. 2d 154, certiorari denied 1947, 329 U.S. 811, 67 S.Ct. 623, 91 L.Ed. 692, and that Waters’ “structure cannot be held to rise to the dignity of invention.” Thermoseal Products v. Larus & Bro. Co., supra, 202 F. 2d at page 700. The last point in the case, which merits but brief attention, is th…
  • …als possessing known qualities should be patentable because the combination proves particularly efficient, especially if it is along lines already recognized.5 Cf. Lincoln Stores, Inc. v. Nashua Mfg. Co., 1 Cir., 1946, 157 F. 2d 154, 162, cert. den. 329 U.S. 811, 67 S.Ct. 623, 91 L.Ed. 692. Nor was there invention in using a strip of Teflon of a graded thickness. There was nothing novel in the use of a slightly angular wiper, see, e. g., Jorgensen Patent 2,324,-509, July 20, 1943.6 In Jorgensen this was ac…
  • Magrath v. Draper Corp., 384 F.2d 672 (1st Cir. 1967)
    …ished principle that the mere substitution of materials does not normally prevent infringement. E. g., Griffith Rubber Mills v. Hoffar, 9 Cir., 1963, 313 F. 2d 1; cf. Lincoln Stores, Inc. v. Nashua Mfg. Co., 1 Cir., 1946, 157 F. 2d 154, cert. denied 329 U.S. 811, 67 S.Ct. 623, 91 L.Ed. 692. It can hardly be thought that the nub of plaintiff’s invention was that he provided metal as distinguished from wooden contact for the bobbin.2 Defendant’s claim of noninfringement, based upon its narrow interpretation…

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