Interchemical Corporation v. Robert C. Watson, Commissioner of Patents

251 F.2d 390, 116 U.S.P.Q. (BNA) 119, 102 U.S. App. D.C. 149, 1958 U.S. App. LEXIS 5898

• Court: Court of Appeals for the D.C. Circuit
• Decided: January 16, 1958
• Docket: 13732
• Status: Published

Opinion

PER CURIAM.

This appeal is from the dismissal of appellant’s suit to obtain a patent relating to the “pigment-decoration of textiles.” The primary question was whether the use of an unmasticated rubbery copolymer was inherent in the applicant’s specification. If it was not, then a proffered amendment to describe the rubbery copolymer as unmasticated would be barred as introducing new matter into the claims. The question is obviously one that the trier of the facts must determine from the testimony of experts. This is what the court did here and we cannot say its determination is clearly erroneous. Since we also find appellant’s other contentions without merit, the judgment below is

Affirmed.