FMC CORPORATION v. CITY OF GREENSBORO

No. 8859.

326 F.2d 581 (1964)

FMC CORPORATION, Appellee, v. The CITY OF GREENSBORO, Appellant.

United States Court of Appeals Fourth Circuit.

Decided January 14, 1964.


Attorney(s) appearing for the Case

Louis Robertson, Arlington Heights, Ill., and Edward A. Haight, Chicago, Ill. (Darbo, Robertson & Vandenburgh, Arlington Heights, Ill., Welch Jordan and H. J. Elam, III, Greensboro, N. C., on brief), for appellant.

R. Howard Goldsmith, Chicago, Ill., (Thornton H. Brooks, Greensboro, N. C., Charles W. Ryan, Schneider, Dressler, Goldsmith & Clement, Chicago, Ill., and McLendon, Brim, Holderness & Brooks, Greensboro, N. C., on brief), for appellee.

Before SOBELOFF, Chief Judge, and HAYNSWORTH and BOREMAN, Circuit Judges.


HAYNSWORTH, Circuit Judge:

Because the defendant departs from the patented process at the very point where novelty is claimed, we find no infringement of the patent. We, therefore, do not consider the question of the validity of this process patent or the defendant's claim of its misuse. The infringement question is not understandable, however, without some reference to the prior art in the treatment of sewage sludge, the subject of the patent.

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