v1132-555

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UNITED STATES CIRCUIT COURT OF APPEALS

FOR THE NINTH CIRCUIT.

BUTTE AND SUPERIOR MINING COMPANY,

Defendant-Appellant,

MINERALS SEPARATION, LIMITED ET AL.,

Plaintiffs- Appellees.

CLOSING ARGUMENT OF FREDERICK P. FISH

FOR defendant-appellant.

May it please the Court, it seems to us that the decision

of the Supreme Court, which is, of course, controUing on most

phases of this situation, is very clear, so clear that its meaning

can not be clouded even by the great ingenuity of counsel.

But it is fortunate that there is one thing in that decision

as to which there can be no question whatever and that

stands as a firm basis for the discussion between these con-

testing litigants, and that is this, that Claims 9, 10 and 11 of

the patent in suit were declared invalid. The other claims

in issue were sustained, but those claims were declared to be

invalid. And why? It was not for any vagueness; it was not

because of their form or for any artificial expression that the

Court did not like. It was because these claims were not for

the specific thing that the Court found to be new with these

inventors, namely, the use in a process of this character of the

"critical proportions" of oil, which those inventors, as the

Supreme Court was persuaded, had discovered to lead to most

remarkable results. That limitation was not in those claims ;

hence Claims 9, 10 and 11 were invalid. And yet those claims.

archive.org Volume Name: govuscourtsca9briefs1132

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