DART INDUSTRIES, INC. v. E. I. Du PONT De NEMOURS AND CO.

No. 72-1958.

489 F.2d 1359 (1973)

DART INDUSTRIES, INC., Plaintiff-Appellee, v. E. I. Du PONT De NEMOURS AND COMPANY, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided September 21, 1973.


Attorney(s) appearing for the Case

Frank F. Fowle, Chicago, Ill., for defendant-appellant.

George B. Newitt, Chicago, Ill., Thomas F. Reddy, Jr., New York City, for plaintiff-appellee.

Before KILEY, PELL and STEVENS, Circuit Judges.


STEVENS, Circuit Judge.

More than one year prior to December 24, 1952, the date he applied for a patent on a glass reinforced thermoplastic molding compound, the inventor sold small quantities to four different purchasers. When the sales were consummated, the invention had already been reduced to practice but the product had not yet been tested in an injection molding machine; each of the four customers indicated that its purchase was for experimental purposes. At...

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