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MAGNAFLUX CORPORATION v. COE

No. 8359.

139 F.2d 531 (1943)

MAGNAFLUX CORPORATION v. COE, Com'r of Patents.

United States Court of Appeals. District of Columbia.

Decided December 20, 1943.

Attorney(s) appearing for the Case

Mr. Donald J. Simpson, of Chicago, Ill., with whom Mr. Thomas J. MacKavanagh, of Washington, D. C., was on the brief, for appellant. Messrs. William A. Smith, Jr., and William J. Cerny, both of Washington, D. C., entered appearances for appellant.

Mr. R. F. Whitehead, of Washington, D. C., with whom Mr. W. W. Cochran, Solicitor, United States Patent Office, of Washington, D. C., was on the brief, for appellee.

Before MILLER, EDGERTON, and ARNOLD, Associate Justices.

EDGERTON, Associate Justice.

Appellant seeks to patent a method and means for detecting flaws in steel by magnetism.1 Both the Patent Office and the District Court rejected the claims for lack of invention.

Appellant admits that the elements of the scheme are old. It was known that steel can be tested by magnetizing it and sprinkling it with para-magnetic particles. The particles were known to adhere over any minute crack or sub...

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