1/31/11 : Anderson's Black Rock, Inc. v. Pavement Co. (kyergler)

Notes

- Case from 1969

- The District Court rejected respondent's claim of infringement, finding the patent invalid. The Court of Appeals, by a divided vote, reversed. Supreme Court reverse the judgement if the Court of Appeals.

- The placement of a radiant-heat burner upon the side of a standard bituminous paver is the central feature of respondent's patent.

- The burner, by itself, was not patentable. So, does the combination of old elements create a valid patent?

- The combination was reasonably obvious to one with ordinary skill in the art.

- The combination was argued to fill a long-felt want and commercial success, but that "without invention will not make patentability."

- The combination of old elements performed a useful function, but it added nothing to the nature and quality of the radiant-heat burner already patented. Was not a patent due to the "non-obvious" standard.