Cerealine Manuf'g Co. v. Bates

No. 8,910
Decided Circuit Court, D. Indiana
Disposition
dismissed
full scope · unanimous
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Court
Circuit Court, D. Indiana
Decided
Judge
RAKER, District Judge
Posture
Bill in equity for patent infringement
Complainant (1)
CEREALINE MANUF’G CO.
Howland Cox, Miller, Winter & Elam
v.
Defendants (1)
BATES et al.
Duncan & Smith, Charles Martin dale, Robert H. Parkinson

Overview

The complainant failed to maintain its bill. The patent is void for want of novelty and invention, and defendants do not infringe. The bill is dismissed for want of equity at complainant's costs.

Case summary

Cerealine Manufacturing Company sued Bates et al. for infringing patent No. 223,847 granted to Joseph E. Gent for a process to produce dry, hard flakes from corn. The process involved hulling, granulating, steaming without cooking, and warm-rolling. The patent office initially rejected the application for lack of novelty, but granted it after an amendment adding 'without cooking' to the steaming step. The trial court held the patent invalid for want of novelty and invention, as the steps were known in prior art and the amendment did not create patentable subject matter. The court also found no infringement, as defendants used a different process with water-sprinkled granules and rolls heated only by friction. The bill was dismissed for want of equity.

Abstract

A manufacturing company sued defendants for infringing a patent on a process to produce dry, hard corn flakes involving hulling, granulating, steaming without cooking, and warm-rolling. The patent was initially rejected for lack of novelty but granted after amending the steaming step to specify "without cooking"; however, the trial court invalidated it as the steps were known in prior art and the amendment did not confer patentability. No infringement was found due to defendants' different process using water-sprinkled granules and friction-heated rolls, resulting in dismissal of the bill for want of equity.

Opinion of the court

Majority
opinion
RAKER, District Judge
  • Patent lacks novelty as process steps were known in prior art
  • Amendment adding 'without cooking' did not create patentable invention
  • Specification fails to disclose cooking temperature needed to produce dextrine
  • Defendants' process differs and does not infringe

Jurisdiction

not challenged
Subject matter
Patent infringement suit in equity
Jurisdictional facts
  • Bill in equity filed for alleged infringement of patent

Procedural posture

Posture at trial
Bill in equity for patent infringement
Posture on appeal
Direct appeal from trial court decision
Preserved issues
  • Validity of patent for lack of novelty and invention
  • Infringement

Legal categories

Business

Case record

Full case name
CEREALINE MANUF’G CO. v. BATES et al.
Docket number
No. 8,910
Court
Circuit Court, D. Indiana
Trial court
Circuit Court, D. Indiana
Trial court judge
RAKER, District Judge
Decided
Opinion author
RAKER, District Judge
Opinion type
published
Precedential status
precedential
Judges on panel
RAKER, District Judge

Issues & holdings

2
Issues raised
2
affirmed
2
Holdings
Standard of review

de novo

Disposition rationale

Patent void for want of novelty and invention; process steps were known in prior art

Preservation

Issue preserved for review

Standard of review

de novo

Disposition rationale

No infringement found as defendants' process differs and patent is invalid

Preservation

Issue preserved for review

Holdings of the court

Patent validity
Patent No. 223,847 is void for want of novelty and invention
The process steps (hulling, granulating, steaming without cooking, warm-rolling) were known in prior art; amended specification adding 'without cooking' did not render it patentable; no new mechanical or chemical result shown; specification fails to disclose cooking temperature needed to produce dextrine
unanimousbinding precedent
Infringement
Defendants do not infringe the patent
Defendants' process uses water-sprinkled granules at lower temperatures and rolls with only friction-generated heat, differing from patent process; even if patent valid, no infringement shown
unanimousbinding precedent

Error analysis

  • Trial court erred in finding patent invalid and no infringement — procedural · no error foundNot applicable as no error found · not applicable

Statutory interpretation

1
Statute
Patent laws
Question
What constitutes patentable invention and novelty
Court's reading
Process must be new, useful, and non-obvious; mere combination of known steps without new result is not patentable
Canons applied
Plain meaningPrior art analysis

Standards of review

  • Patent validity and infringement — de novo Court reviews patent claims and infringement determinations de novo

Timeline

5
Events
6,333
Days, incident to ruling
—
Span
filingcited in opinion

Joseph E. Gent files original patent application for alimentary product from corn

Outcome: Application filed

Initial specification claimed process of hulling, granulating, steaming, and warm-rolling

Patent validity
Joseph E. Gent Patent office administrative
rulingcited in opinion

Patent office rejects application for lack of novelty in view of prior patents

Outcome: Rejection

Office cited prior patents showing similar processes

Patent validity
Patent office · Joseph E. Gent Patent office administrative
rulingcited in opinion

Patent No. 223,847 granted after amended specification adding 'without cooking' to steaming step

Outcome: Patent granted

Patent issued with amended claims

Patent validity
Joseph E. Gent · Patent office Patent office administrative
filingcited in opinion

Cerealine Manufacturing Company files bill in equity alleging patent infringement by Bates et al.

Outcome: Suit commenced

Initiation of litigation

Infringement
Cerealine Manufacturing Company · Bates et al. Circuit Court, D. Indiana trial court
rulingcited in opinion

Trial court dismisses bill for want of equity, finding patent invalid and no infringement

Outcome: Dismissal

Final trial court decision

Patent validityInfringement
RAKER, District Judge · Cerealine Manufacturing Company · Bates et al. Circuit Court, D. Indiana trial court

Facts & evidence

Key facts

6 facts
  1. Patent No. 223,847 granted to Joseph E. Gent on January 27, 1880 for improved alimentary products from corn
  2. Process involves hulling, granulating, steaming without cooking, then warm-rolling to produce dry, hard flakes
  3. Patent application initially rejected by patent office for lack of novelty
  4. Applicant amended specification to add 'without cooking' to steaming step
  5. Complainant alleges defendants infringe by similar process using water-sprinkled granules passed through rolls
  6. Defendants use granules sprinkled with water at 80° to 120° Fahrenheit, passed through rolls with friction-generated heat

Disputed questions

  • Whether patent discloses cooking temperature to produce dextrine
  • Whether defendants' process infringes the patent

Procedural history

5 steps
  1. Patent application filed September 1, 1879
  2. Patent office rejected application September 16, 1879
  3. Specification amended and patent granted January 27, 1880
  4. Bill in equity filed September 30, 1893
  5. Trial court hearing and decision January 2, 1897

Evidence in the record

Documentary
  • Patent No. 223,847
  • File wrapper showing patent office rejections and amendments
  • Prior patents cited by patent office (e.g., Nos. 136,305, 174,316)
Expert
  • Expert name: Complainant's expert · Expertise: Patent and product analysis · Opinion: Claimed dextrine presence in flakes requires cooking temperature, covered by patent
Challenged
  • Evidence type: Patent specification · Challenge basis: Lack of novelty and invention · Trial court ruling: excluded · Reasoning: Process steps anticipated by prior art · Challenged on appeal: true · Appellate outcome: affirmed

Objects of relevance

Corn kernelsRoller mills for pressing granulesDry, hard flakes as final product

Authorities

Cited authorities (3)

No. 223,847
distinguishedprecedent
Patent granted to Joseph E. Gent for improved alimentary products from corn
136,305
followedprecedent
Prior patent to R. S. Chichester cited by patent office as anticipating the process
174,316
followedprecedent
Prior patent to H. H. Beach cited by patent office as showing similar processes

Statutes

  • Patent laws governing novelty and invention

Standards & doctrines

  • De novo review for patent validity and infringement
  • Patent office examination standards

Legal principles applied

  • Combination of known steps without new result is not patentable
  • Patent specification must clearly disclose invention
Index terms51
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Procedural terms
Substantive offenses
Entities and documentation
Legal actions
Action type
dismissed
Target
bill in equity
Appealed from
Circuit Court, D. Indiana
Context
Court dismissed the bill for want of equity, finding patent invalid and no infringement
Scope
full
Further instructions
Complainant to pay costs
Disposition vote
unanimous
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