H. C. Baxter & Bro. v. The Great Atlantic & Pacific Tea Company, Inc.

First Circuit

H. C. Baxter & Bro. v. The Great Atlantic & Pacific Tea Company, Inc.

352 F.2d 87, 147 U.S.P.Q. (BNA) 233

Court of Appeals for the First Circuit·Decided October 29, 1965·No. 6516·Published·Cited by 7 cases

Opinion

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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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.

H. C. Baxter & Bro. v. The Great Atlantic & Pacific Tea Company, Inc., 352 F.2d 87, 147 U.S.P.Q. (BNA) 233 (1st Cir. 1965).

Pincite

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Opinion

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