Cee-Bee Chemical Co., Inc., a Corporation v. Delco Chemicals, Inc., a Corporation

Delco Chemicals, Inc., brought this action to obtain a judicial declaration that a certain patent is invalid and not infringed. Gee-Bee Chemical Co., Inc., the owner of the patent and defendant in this suit, denied the allegations of the complaint. Defendant also counterclaimed for damages in the sum of $25,000, alleging infringement of the patent in question.

At a pretrial conference the court invited the plaintiff to file a motion for a summary judgment. Such a motion was filed, and was considered in the light of the pleadings, various affidavits and counteraffidavits, the “file wrapper,” and copies of various prior-art patents. Acting favorably on the motion, the court filed an opinion which is reported in 157 F.Supp. 583 . Findings of fact, conclusions of law, and a judgment favorable to plaintiff were then entered.

Defendant appeals, contending that there were one or more genuine issues as to material facts, and that it was therefore error to grant relief by way of summary judgment.

The patent in suit — Whitcomb et al., Patent No. 2,653,116 — describes a method of removing synthetic rubber sealing material from the inside of airplane fuel tanks. As typified by claims 1, 2,…