Graver Tank & Mfg. Co. v. Linde Air Products Co. 339 US 605 (1950) Notes

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Supreme Court

DC says infringed, CCPA says invalid claims valid, SC says what DC said goes


  • must first look at words of claim
  • if falls within claim, thats it

applies doctrine of equivalents, but probably not aplicable. specifically the claim said alkaline earth metals,other guy didnt use alkaline earth metals, but patent monopoly extended to include such things because it was so near to the invention.