UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
April 28, 1975
ESSO RESEARCH AND ENGINEERING COMPANY, PLAINTIFF-APPELLANT,
KAHN AND COMPANY, INC. AND CHANDLER-EVANS, INC., DEFENDANTS-APPELLEES.
Appeal from a judgment of the United States District Court for the District of Connecticut, M. Joseph Blumenfeld, J., declaring appellant's patent invalid for obviousness under 35 U.S.C. § 103. Affirmed.
Before: HAYS, GURFEIN, and VAN GRAAFEILAND, Circuit Judges.
The patent involved in this case was issued to Dr. Charles W. Skarstrom for his "Method and Apparatus for Fractionating Gasseous Mixtures by Adsorption." Skarstrom came upon his method by some clever experimenting and modification of the apparatus he was using for a similar purpose when it broke down.
Admirable as Dr. Skarstrom's work may have been, it was done without knowledge of prior similar work of a German physicist named Kahle. We agree with Judge Blumenfeld that Kahle's work, not cited to the Patent Office at the time of Skarstrom's application, contains substantially all the elements of Skarstrom's device, both individually and in combination. For that reason, Skarstrom's patent does not satisfy the requirement of non-obviousness established by 35 U.S.C. § 103. See Graham v. John Deere Co., 383 U.S. 1 (1966). We therefore affirm on the thorough and well-reasoned opinion of Judge Blumenfeld reported at 379 F. Supp. 205 (D. Conn. 1974).
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