United States Supreme Court Cases & Opinions

U.S. Supreme Court

Anderson's Black Rock, Inc. v. Pavement Co., 396 U.S. 57 (1969)

Anderson's Black Rock, Inc. v. Pavement Salvage Co., Inc.

No. 45

Argued November 10, 1969

Decided December 8, 1969

396 U.S. 57

Syllabus

Respondent brought this action for infringement of a patent for "Means for Treating Bituminous Pavement." The patent ought to solve the problem of a cold joint on "blacktop" paving by combining known elements, a radiant-heat burner, a spreader, and a tamper and screed, on one chassis. The District Court, finding that all the inventor had done was to construct known elements in the prior art on a single chassis, held the patent invalid. The Court of Appeals reversed.

Held: While the combination of old elements performed a useful and commercially successful function, it added nothing to the nature and quality of he previously patented radiant burner, and, to those killed in the art, the use of the old elements in combination was not all invention under the standard of 35 U.S.C. § 103. Pp. 396 U. S. 59-63.

404 F.2d 450, reversed.