George K. Austin, Jr. v. Marco Dental Products, Inc.

This appeal raises issues concerning a patent’s validity and infringement: (a) the “on sale” proscription; (b) nonobviousness; (e) combination of known elements; (d) standards for reissuance and (e) intervening rights.

Appellee, George K. Austin, Jr., alleges that appellant, Marco Dental Products, Inc. (Marco Dental), infringed Claim No. 1 in his patent [U. S. Patent No. Re 28,649] for a “dental handpiece control.” His company, Adec, Inc., manufactures it under the trade name “Auto-Trol.” Marco Dental sells a similar device.

Claim No. 1 describes a mechanism which automatically controls the flow of air and water to a compact dental handpiece. The device combines a dental handpiece, a control block assembly and a hanger valve assembly. In operation it permits the automatic feeding of drive air, cooling water and air, and chip air without requiring the dentist to adjust for each of the three to seven handpieces he may use with a typical patient.

Central to Austin’s invention is the innovative use of flexible diaphragms to regulate the flows, such as those required in high speed drills. The district court succinctly described their function:

Austin conceived his invention on a…