United States Supreme Court Cases & Opinions

U.S. Supreme Court

Mandel Brothers, Inc. v. Wallace, 335 U.S. 291 (1948)

Mandel Brothers, Inc. v. Wallace

No. 16

Argued October 14, 1948

Decided November 8, 1948

335 U.S. 291

Syllabus

1. Certain claims of Wallace and Hand Patent No. 2,236,387, for an improved cosmetic preparation to retard or inhibit perspiration, held invalid for want of invention. Pp. 335 U. S. 291-296.

2. Since the use of urea as an anticorrosive agent in other compounds was already a matter of public knowledge, its use in antiperspirants to reduce the likelihood of skin irritation or garment corrosion was merely the application of an old process to a new use, and was not invention. Pp. 335 U. S. 293-296.

164 F.2d 861 reversed.

In a patent infringement suit, the District Court held the claims invalid for want of invention and dismissed the complaint. 67 F.Supp. 814. The Court of Appeals reversed. 164 F.2d 861. This Court granted certiorari. 333 U.S. 853. Reversed, p. 335 U. S. 296.