Metallizing Engineering Co., Inc. v. Kenyon Bearing & Auto Parts Co., Inc.

Facts

Meduna got the patent on May 25, 1943, upon an application filed on August 6, 1942. The patent is for the process of 'so conditioning a metal surface that the same is, as a rule, capable of bonding thereto applied spray metal to a higher degree than is normally procurable with hitherto known practices.' This process is called 'metalizing,' and it had been known for nearly thirty years before Meduna's invention; but about fifteen or twenty years ago it was found that to secure a satisfactory bond between the 'spray metal' and the surface, the surface must be roughened so that there would be fine undercut areas in it upon which the sprayed surface could take hold, and of course the surface must itself be clean. The rough surface could be produced by sand-blasting or with a lathe as to tear tiny channels: 'screw-threading.' Meduna's invention prepared the surface by first depositing upon it a preliminary layer of metal by means of a process, disclosed in Patent No. 1,327,267, issued to Brewster and Wisehan, on January 6, 1920. This process was practiced by what the art knew as the 'McQuay-Norris' machine, which was 'more particularly adapted and intended for use in the filling of cavities which may occur in castings or other metal objects.' The issue to be decided relates to Meduna's public use of the patented process more than one year before August 6, 1942. The court found that the inventor's main purpose in his use of the process prior to August 6, 1941, and especially in respect to all jobs for owners not known to him, was commercial, and * * * an experimental purpose in connection with such use was subordinate only. The court concluded that the use was not public but secret, and for that reason that its predominantly commercial character did prevent it from invalidating the patent. Ds appealed. 

Issues

Rule of Law

Holding and Decision

Legal Analysis

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