Metallizing Engineering Co., Inc. v. Kenyon Bearing & Auto Parts Co., Inc., 153 F.2d 516 (1946) Notes

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selling the output for more than 2 yrs (1 yr now) before application invalidates patent

but in Peerless Roll Leaf Co., output was sold more than 2 yrs before, but said it didnt matter since no knowledge could possibly be acquired of the machine in that way.

nothing in statute says decision should be based on what the output of the invention is, only matters if it was sold for more than 2 yrs.


this involves a process. the products can be commercialized without any knowledge being given away about the process which is actually what the patent is for. so patent owner can say hey, i didnt profit off of my invention, just the products of it

but this is b.s. as learned hand says. if youre profiting from it more than a year b4 application its invalid.


talk about screw ups in prior law:

machines vs processes