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UNITED CARBON CO. V. BINNEY & SMITH CO., 317 U. S. 228 (1942)

U.S. Supreme Court

United Carbon Co. v. Binney & Smith Co., 317 U.S. 228 (1942)

United Carbon Co. v. Binney & Smith Co.

No. 71

Argued November 13, 1942

Decided December 7, 1942

317 U.S. 228


1. Product claims of Patent No. 1,889,429, to Weigand and Venuto,

"1. Substantially pure carbon black in the form of commercially uniform, comparatively small, rounded, smooth aggregate having a spongy or porous interior. 2. As an article of manufacture, a pellet of approximately one-sixteenth of an inch in diameter and formed of a porous mass of substantially pure carbon black,"

held bad for indefiniteness. P. 317 U. S. 232.

2. A patentee may not broaden his claims by describing the product in terms of function. P. 317 U. S. 234.

3. An invention must be capable of accurate definition, and it must be accurately defined, to be patentable. P. 317 U. S. 237.

125 F.2d 255, 126 F.2d 3, reversed.

Certiorari, 316 U.S. 657, to review the reversal of a judgment, 37 F.Supp. 779, dismissing a suit for infringement of a patent.

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