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UNITED CARBON CO. v. BINNEY CO.

No. 71.

317 U.S. 228 (1942)

63 S.Ct. 165

87 L.Ed. 232

UNITED CARBON CO. ET AL. v. BINNEY & SMITH CO.

Supreme Court of United States.

Decided December 7, 1942.

Attorney(s) appearing for the Case

Mr. Hugh M. Morris, with whom Messrs. George P. Dike, Arthur M. Smith, and Osman E. Swartz were on the brief, for petitioners.

Mr. Dean S. Edmonds, with whom Mr. William H. Davis was on the brief, for respondent.

Mr. Edward F. McClennen filed a brief on behalf of Godfrey L. Cabot, Inc., as amicus curiae, urging reversal.

MR. JUSTICE JACKSON delivered the opinion of the Court.

Respondent sued for infringement of Patent No. 1,889,-429, issued to Weigand and Venuto, relating to carbon black in aggregated form and a process for its conversion to that form. Its complaint was particularized to apply only to claims 1 and 2 of the patent, which are product claims and not process claims. The District Court found these claims invalid as lacking novelty...

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