WAHL v. REXNORD, INC.

No. 79-2054.

624 F.2d 1169 (1980)

Eugene A. WAHL and Vibra Screw, Incorporated, Appellants, v. REXNORD, INC.

United States Court of Appeals, Third Circuit.

Decided June 16, 1980.


Attorney(s) appearing for the Case

John W. Logan, Jr. (argued), Thomas M. Ferrill, Jr., Robert P. Seitter, Ferrill & Logan, Fort Washington, Pa., Harold Friedman, Kirsten, Friedman & Cherin, Newark, N. J., for appellants.

Thomas F. McWilliams (argued), McWilliams, Mann & Zummer, Chicago, Ill., for appellee.

Before ALDISERT, WEIS and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

It is a generally recognized precept in patent law that an inventor can obtain no more than one patent for any original discovery. Many decisions of this and other circuits have analyzed the circumstances in which a patented discovery can be said to copy an earlier patented discovery, and therefore is invalid as a double patent. This case, one of first impression in this court, requires us to...

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