Anderson's Black Rock, Inc. v. Pavement Co. (KyleR)
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Overview
- case decided by U.S. Supreme Court in 1969
- patent had been granted for "Means for Treating Bituminous Pavement"
- combines a pavement spreader and shaper with a radiant-heat burner to create a better bond between the old and new layer of pavement
- inventor sues for infringement when someone places a radiant-heat burner on a standard paving machine
- District Court: patent is invalid
- Court of Appeals: patent is valid
- Supreme Court: patent is invalid
Patent
- patentability is said to come from combination of heater and standard paving machine
- radiant-heat burner patented in 1956 by Schwank
- operation of the heater is not dependent on operation of the paving machine
Nonobviousness
- combination of heater and paving machine is a convenience; does not produce a "new or different function"; combination NOT greater than the sum of parts
- filled a long-felt want; commercial success
- does not prove nonobviousness
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