Squires v. Corbett

560 F.2d 424, 194 U.S.P.Q. (BNA) 513, 1977 CCPA LEXIS 122
CourtCourt of Customs and Patent Appeals
DecidedAugust 4, 1977
DocketPatent Appeal No. 76-693
StatusPublished
Cited by19 cases

This text of 560 F.2d 424 (Squires v. Corbett) is published on Counsel Stack Legal Research, covering Court of Customs and Patent Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Squires v. Corbett, 560 F.2d 424, 194 U.S.P.Q. (BNA) 513, 1977 CCPA LEXIS 122 (ccpa 1977).

Opinion

RICH, Judge.

This appeal is from the March 16, 1976 decision of the Patent and Trademark Office (PTO) Board of Patent Interferences (board) awarding priority of invention as to the single count in interference No. 98,315 to senior party Corbett. We affirm.

Corbett is involved on application Serial No. 654,941, entitled “Method of Extruding Laminated Film,” filed May 26, 1967, as a division of application serial No. 350,220, filed March 9, 1964, the latter hereinafter called the “parent application.” These two applications have identical disclosures. Junior party Squires is involved on U. S. Patent No. 3,476,627, issued November 4, 1969, on application serial No. 542,066, filed April 12, 1966, entitled “Process for Coex-truding Multiple-Layered Thermoplastic Sheeting.” Both parties took testimony.

The Issue

Squires’ patent claim 1 was copied exactly into Corbett’s application and is the sole count in interference. It reads (emphasis ours):

1. A process for the extrusion of multiple-layered sheeting of thermoplastic resin, said process comprising the steps of

(a) joining in a tube, at least two laminar-flow streams of molten thermoplastic resin into a combined stream of molten thermoplastic resin which has a sharply defined juncture between the components of the combined stream,

(b) passing said combined stream of molten thermoplastic resin into a manifold of a sheeting extrusion die the juncture plane(s) between each of the individual molten thermoplastic resin components within the manifold being parallel to the principal direction of flow of the resin as it passes from the manifold and takes on the shape of sheeting, and

(c) whereby a multiple-layered sheeting wherein the individual layers of thermoplastic resin are of substantially uniform thickness over substantially all of the width of the sheeting is formed.

[427]*427Squires concedes that Corbett was the first inventor of the subject matter described in the Corbett application but contends, in essence, that the invention so described is not the invention defined by Squires’ patent claim 1. The issue was raised below by Squires’ motion to dissolve under 37 CFR 1.2311 alleging that since Corbett did not disclose the invention defined by the copied claim, Corbett had no “right to make” the copied claim. The motion was denied at final hearing, hence this appeal from the board’s disposition of that ancillary issue.

The Disclosures

The Squires patent discloses extrusion processes for forming multiple-layer thermoplastic “sheeting”2 such as that used as an interlayer in safety glass laminates. The process entails joining at least two streams of plastic extrudate in the inlet pipe upstream from the manifold of a sheeting die. As shown below in Fig. 1, two streams, 2 and 3, from extruders 1 and 1', are joined in a Y-shaped tube entering sheeting die 5. Squires requires the flow of the streams, where joined, to be laminar, that is, non-turbulent, so as to form a sharply defined juncture 4 between the layers. Fig. 1 is a schematic of the apparatus as seen from below. Fig. 2 shows the laminar sheet being extruded downwardly through lips 6. That two layers of non-uniform thickness (semi-circular in cross section) could be fed to a sheeting die and still produce a product of uniform layer thickness, as shown in Fig. 2, is alleged by Squires to have been unexpected.

SQUIRES

F I G. 1

Corbett discloses extrusion processes for making laminar “films,” particularly thin films less than 10 mils thick which he distinguishes from “sheets.” Such films may be used, for example, in packaging applications. In the extrusion process, streams of plastic extrudate are joined and laterally expanded, as in a fan-shaped die, prior to discharge. Like Squires, Corbett recognizes that the streams must be joined while in laminar flow to avoid mixing. Two basic [428]*428embodiments are disclosed, the first involving joining two or more streams in a die having a tubular orifice formed between an internal mandrel and the die body so as to produce a tubular product. In the second embodiment, three or more streams are joined in a flat sheet extrusion apparatus. At the beginning of the Corbett specification, however, the invention is generically described as follows (emphasis ours):

This invention relates to * * * the production of laminated products wherein two or more overlying and coextensive fluid films are formed with laminar flow * * * -By laminar flow is meant the flow of two or more adjacent streams without turbulence so there is no mixing of the materials of the streams.

Corbett seems to rely on the disclosure of the sheet-forming embodiment to support the limitations of the copied claim.

In the flat sheet extrusion embodiment illustrated in Fig. 4, below, the outputs from two extruders are joined upstream from die lips 52 and 53. The extrudate from a first extruder 57 is split in “diverter plate” 62 into two streams which flow through channels 63a and 63b. These two streams are joined with the extrudate of a second extruder (not shown) which forms a centrally disposed layer when introduced through orifice 66 via channel 65 in diverter element [64] carried in plate 62. Joinder occurs in the passageway 51a in element 51. Additional layers may be added through additional orifices in the wall of passageway 51a, and the thickness of the layers may be varied by laterally varying the width and the location of the diverter and the size of orifice 66. As shown in Fig. 10, an enlarged fragmentary section of product, the illustrated sheet-extruding embodiment forms a three-layer structure. (The actual thickness of the composite film in Fig. 10 is stated to be 5 to 12 mils.)

[429]*429CORBETT

Background

When Corbett first copied Squires’ patent claim 1 during ex parte prosecution, the examiner, believing that the Corbett disclosure did not support the claim in a number of respects, rejected the copied claim under 35 U.S.C. § 112, first paragraph.3 The Board of Appeals reversed this rejection relying, at least in part, on the disclosure of the tubular extrusion embodiment to support various limitations in the copied claim.

This interference was declared and, during the motions period, Squires made the aforementioned motion to dissolve.

The substance of Squires’ attack on Cor-bett’s right to make the copied claim may be summarized as follows:

(1) Squires’ claim 1 cannot be construed so broadly that it reads on Corbett’s film extrusion process because the claim would then be anticipated by a reference patent over which the claim was allowed;4
[430]*430(2) Corbett does not disclose the formation of thick “sheeting,” more particularly, sheeting in excess of 10 mils in thickness;

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Cite This Page — Counsel Stack

Bluebook (online)
560 F.2d 424, 194 U.S.P.Q. (BNA) 513, 1977 CCPA LEXIS 122, Counsel Stack Legal Research, https://law.counselstack.com/opinion/squires-v-corbett-ccpa-1977.