Indiana General Corporation v. Lockheed Aircraft Corporation

This is an appeal from a summary judgment entered in a patent case dismissing the action, based on findings of fact and conclusions of law and in substance finally adjudicating claims 1 through 4 of the patent in suit.

The action was for injunction and damages from infringement. The patent in suit, #2,981,689, granted April 25, 1961, based on an application by Dr. E. Albers-Schoenberg, was issued to Steatite Research Corporation, and by mesne assignments, appellant Indiana General Corporation acquired all right, title and interest to the patent. The patent has six claims. Four claims (#1, 2, 3 and 4) were disposed of by the summary judgment.

The Questions Presented

The issues presented concern whether or not the patent in suit is a continuation of a prior patent application, and whether the appellant is entitled to a filing date of the earliest filed application, containing subject matter in common with the subsequent application which resulted in the patent in suit; and whether a sale of a product and disclosures to the public, after the date of the earliest filed application, invalidate the patent. The determi-ing question of this appeal is whether in a patent for a…