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GENERAL TIRE & RUBBER CO. v. JEFFERSON CHEMICAL CO., INC.

No. 909, Docket 74-1050.

497 F.2d 1283 (1974)

The GENERAL TIRE & RUBBER COMPANY, Plaintiff-Appellant, v. JEFFERSON CHEMICAL COMPANY, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 28, 1974.

Attorney(s) appearing for the Case

John T. Kelton, New York City (Herbert Blecker, Robert E. Kosinski, and Watson, Leavenworth, Kelton & Taggart, New York City, Frank C. Rote, Akron, Ohio, of counsel), for plaintiff-appellant.

James R. Sweeney, Chicago, Ill. (David H. T. Kane, and Kane, Dalsimer, Kane, Sullivan & Kurucz, New York City, J. Robert Stapleton, Louis A. Hecht and Coffee & Sweeney, Chicago, Ill., Carl G. Ries, Houston, Tex., of counsel), for defendant-appellee.

Before FRIENDLY and TIMBERS, Circuit Judges, and THOMSEN, District Judge.

FRIENDLY, Circuit Judge:

This patent appeal is another illustration of the absurdity of requiring the decision of such cases to be made by judges whose knowledge of the relevant technology derives primarily, or even solely, from explanations by counsel1 and who, unlike the judges of the Court of Customs and Patent Appeals, do not have access to a scientifically knowledgeable staff.

The case is unusual in several respects. The chemical...

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