Southland Paper Mills, Inc., of Texas v. Marzall, Commissioner of Patents

D.C. Circuit

Southland Paper Mills, Inc., of Texas v. Marzall, Commissioner of Patents

183 F.2d 976, 87 U.S. App. D.C. 150, 86 U.S.P.Q. (BNA) 66, 1950 U.S. App. LEXIS 4231

Court of Appeals for the D.C. Circuit·Decided June 26, 1950·No. 10505_1·Published

Opinion

PER CURIAM.

This appeal is from a judgment dismissing a complaint under R.S. § 4915, 35 U.S.C.A. § 63, to authorize the issue of a patent on an improvement in the process of making pulp from resinous logs. The alleged invention consists of adding alum to the water that is used in cooling the log-grinding part of the pulp-making machinery. Adding alum at this early stage in the process of making pulp has proved effective in eliminating trouble caused by the pitch in southern pine. Barium had previously been tried at the same stage in the process, and alum had been used at later stages in the process, for the same purpose but with much less effect. The variation that appellant seeks to patent produces excellent results. But since the use of alum to counteract pitch was well known in the art, we cannot say that the Patent Office or the District Court was unreasonable or clearly wrong in finding there was no invention in substituting it for barium in the grinder.

Affirmed.

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PER CURIAM.

This appeal is from a judgment dismissing a complaint under R.S. § 4915, 35 U.S.C.A. § 63, to authorize the issue of a patent on an improvement in the process of making pulp from resinous logs. The alleged invention consists of adding alum to the water that is used in cooling the log-grinding part of the pulp-making machinery. Adding alum at this early stage in the process of making pulp has proved effective in eliminating trouble caused by the pitch in southern pine. Barium had previously been tried at the same stage in the process, and alum had been used at later stages in the process, for the same purpose but with much less effect. The variation that appellant seeks to patent produces excellent results. But since the use of alum to counteract pitch was well known in the art, we cannot say that the Patent Office or the District Court was unreasonable or clearly wrong in finding there was no invention in substituting it for barium in the grinder.

Affirmed.

Southland Paper Mills, Inc., of Texas v. Marzall, Commissioner of Patents, 183 F.2d 976, 87 U.S. App. D.C. 150, 86 U.S.P.Q. (BNA) 66, 1950 U.S. App. LEXIS 4231 (D.C. Cir. 1950).

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Opinion

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