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Binney Smith Co. v. United Carbon Co.

Circuit Court of Appeals, Fourth Circuit
Mar 11, 1942
126 F.2d 3 (4th Cir. 1942)

Opinion

No. 4837.

March 11, 1942.

Appeal from the District Court of the United States for the Southern District of West Virginia, at Charleston; Alfred D. Barksdale, Judge.

On petition for rehearing.

Rehearing denied.

For former opinion, see 125 F.2d 255.

Dean S. Edmonds, of New York City (Roger T. McLean, of New York City, Howard R. Klostermeyer and Price, Smith Spilman, all of Charleston, W. Va., and Pennie, Davis, Marvin Edmonds, of New York City, on the brief), for appellant.

George P. Dike, of Boston, Mass. (Arthur M. Smith, of Boston, Mass., and Osman E. Swartz, of Charleston, W. Va., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.


The petition for rehearing herein presents no matter not already fully considered. Nothing in the Knowlton and Hoffman patent has been overlooked. It is true that that patent speaks of using "water or other volatile liquid alone"; but the patent does not disclose how this may be done in such way as to produce the pellets of the patent in suit, and the mere reference to the Geer patent did not enable the industry to combine the two processes so as to produce them. The use of the Knowlton and Hoffman process without the starch binder results in an agglomerated product in the form of a mud cake which is broken up with the revival of the dust nuisance into particles, which because of their harshness, are not readily dispersible in the rubber. As pointed out in the original opinion, nothing was contributed to the art either by this patent or by the patent to Geer. Both were mere failures in the attempt to solve the problem which was solved by the product of the patent in suit.

Petition denied.


Summaries of

Binney Smith Co. v. United Carbon Co.

Circuit Court of Appeals, Fourth Circuit
Mar 11, 1942
126 F.2d 3 (4th Cir. 1942)
Case details for

Binney Smith Co. v. United Carbon Co.

Case Details

Full title:BINNEY SMITH CO. v. UNITED CARBON CO. et al

Court:Circuit Court of Appeals, Fourth Circuit

Date published: Mar 11, 1942

Citations

126 F.2d 3 (4th Cir. 1942)

Citing Cases

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See Binney Smith Co. v. United Carbon Co., D.C., 37 F. Supp. 779. Upon appeal, the Circuit Court of Appeals…