136 F.2d 793 | D.C. Cir. | 1943
The Patent Office denied the application of Rembert and Jenkins for a patent .upon a cementitious composition and article, and for the method of making them. In a proceeding under Revised Statutes, Section 4915,
On this appeal, the utility and commercial success of the product were urged in support of invention. These factors were conceded in the Patent Office; and, of course, are not sufficient in themselves to require the issuance of a patent.
Affirmed.
35 U.S.C.A. § 63.
Morrison v. Coe, 74 App.D.C. 335, 336, 122 F.2d 793, 794, and authorities there cited.
Ruben Condenser Co. v. Copeland Refrigeration Corp., 2 Cir., 85 F.2d 537, 541: “But all new combinations are not patentable combinations. Especially in chemical and electrical experiments happy solutions may be reached by testing out variants reached merely by permutations of old elements. Possibly the patent law should protect such industrial achievements, but it does not; the work of the well-equipped laboratory which by trial and error checks off a series of formulas,
L. Sonneborn Sons v. Coe, 70 App.D.C. 97, 98; 104 F.2d 230, 231, and authorities there collected; Minnesota Mining & Mfg. Co. v. Coe, 69 App.D.C. 217, 220, 99 F.2d 986, 989, and authorities there collected.