graver tank mfg linde air products argued decided february rehearing granted may see graver tank mfg linde air products thomas koykka cleveland ohio petitioners john cahill new york city richard wolfe chicago respondent justice jackson delivered opinion writs certiorari granted review two judgments appeals seventh circuit involving patent shall call jones patent issued lloyd theodore jones others electric welding process fluxes compositions used therewith patent owned linde air products company brought action infringement lincoln two graver companies district held four flux claims valid infringed concluded patent owner misused patent forfeit claims relief therefor held certain flux claims process claims invalid appeals affirmed findings four flux claims valid infringed patent abused reversed trial held valid process claims remaining contested flux claims petitioners contend appeals judgment reversed also reverse district co rt finding partial validity declare patent entirely invalid infringed trial electric welding prior art nature jones invention explored length opinions two courts already books adequately discuss technology art scientific features claims involved shall confine opinion statement legal principles lead decision flux claims held valid infringed two courts electric welding established art invention one serious limitations industry sought overcome known method slow laborious permitted welding relatively thin plates different types deficiencies dazzling open arc smoke splatter made operation unpleasant somewhat hazardous three scientifically trained individuals jones kennedy rotermund set purposely discover cure deficiencies inadequacies method flux welding successful method known collaborated six months conducting series experiments course compounded different flux compositions finally produced invention patent sought trial noted results produced invention contrasted possible prior methods glare open arc splatter little smoke jones et al method truly remarkable difference however jones kennedy rotermund invented gone perhaps best manifested performance achievement invention instance use plates thick two inches welded single pass furthermore welding speeds made possible dwarf method welds produced highest quality contrast great amount porosity contained welds produced clay flux process trial continued patentees invent something patentable prior art electric welding collateral questions constitutes invention boundaries become pertinent concluded really invented claimed bounded composition claims nos findings conclusion affirmed appeals asked hold invention rule federal rules civil procedure provides part fact shall set aside unless clearly erroneous due regard shall given opportunity trial judge credibility witnesses type case last clause appropriately applicable one us evidence largely testimony experts trial may enlightened scientific demonstrations trial occupied three weeks record shows trial judge visited laboratories counsel experts observe actual demonstrations welding taught patent welding accused infringing various stages prior art viewed motion pictures various welding operations tests heard many experts witnesses wrote careful succinct opinion made findings covering factual issues rule requires appellate make allowance advantages possessed trial appraising significance conflicting testimony reverse erroneous findings manifestly supported substantial evidence appeals found supported weight found evidence warrant support patent even matters found trial law rather correction errors fact finding undertake review concurrent findings fact two courts absence obvious exceptional showing error goodyear tire rubber district columbia pace williams mfg shoe machinery baker schofield showing made ultimate question patentability one meeting requirements statute amended facts found respect four flux claims warrant conclusion matter law statutory requirements met accordingly affirm judgment insofar holds claims numbered define invention patent validly issued turning question infringement district found lincoln electric made petitioners used sold flux substantially identical set forth valid composition claims patent suit made person skilled art merely following teachings petitioners introduced evidence show accused flux derived either prior art independent experiment source teachings patent suit found infringement four claims concluded respondent entitled permanent injunction future infringement accounting profits damages findings conclusions affirmed appeals find cause reversal ii flux claims held invalid district valid appeals district held invalid claims flux use process numbered appeals reversed held valid remaining flux claims numbered issue claim consider along process claims difference district appeals findings comes trial looked claims alone declined interpret terms silicates therein limited qualified specifications mean nine metallic silicates proved operative district considered claims therefore broad comprehended invention appeals considered nothing record show applicants patent intended claims assert monopoly broader nine metallic silicates named specifications strued claims thus narrowed limited specifications statute makes provision specification separately claims requires latter particularly point distinctly claim part improvement conbination claims invention discovery amended accomplish little require claims separately written separately read vain repetition encouraged patents documents claims like statements may incorporate matter reference text must sufficient point distinctly claim identifiable invention discovery frequently held claim measures grant patentee see example milcor steel george fuller general electric wabash appliance corp altoona publix theatres american cases often dealt efforts resort specifications expand claims clear latter fail equally perform function measure grant overclaim invention point invalidity free ambiguity might justify resort specifications agree district saved latter less inclusive cf general electric wabash appliance see mcclain ortmayer cimiotti unhairing american fur refining think district correctly applied principle claims iii process claims process claims held invalid district numbered make specific reference essential chemical constituents welding composition used claimed welding process conclusion agree process claim held invalid reason applicable flux claims also agree others namely composition claim held invalid erroneously imported sole conductive medium electric current passes electrode base metal welding composition molten state electric arc phenomenon present found procedural steps process taught patent identical respects followed prior automatic electric welding processes invention discovery resides use different welding composition sustained patent composition shown denied validity insofar claimed old procedure trial gave extensive consideration process claims agreed radically new process discovered said electric current passed electrode base metal welding composition liquid state electric arc present previous art used electric arc full appreciation critical nature inquiry long litigation technology art concluded finding departure prior art made said evidence persuasive basic difference phenomena present jones method district reinforced conclusion pointing inventors initially conceive invention embody radical parture known phenomena first application patent replete references presence use electric arc new method assigned rights respondent suggestion basically new phenomenon arc made happens jones method admits controversy visual evidence electric arc welding operation commences actually occurs electrode metal base hidden view flux concluded impossible say complete certainty arc one plaintiff expert witnesses gave substantial support idea arc still present although shielded flux jones patent deference due findings trial overturn claims sustain technicians may probably continue debate plausible arguments side obscure process really record case establishing certainty findings right fall far short convincing us clearly erroneous think rules govern review entitle trial conclusions prevail process claims invalid statute iv abuse patent contentions made patent abused efforts broaden patent monopoly requiring purchase unpatentable material use connection trial found however plaintiff impose licensees either condition license otherwise requirement condition agreement understanding purchase use unpatentable commodities licensees free buy use materials equipment source recognized appearance freedom conclusive conceals subterfuge real although informal restraint examining conduct plaintiff found obstacle maintenance action infringement part patent valid appeals affirmed accept conclusion two courts branch case conclusion judgment appeals insofar reverses district reversed judgment district things reinstated extent judgment reversed reversed part ordered justice black justice douglas joins concurring concur judgment case parts ii iii iv opinion concurrence holding claims valid rest merely findings district appeals claims valid accepting findings two courts consider questions fact view determination ultimate question patentability properly classified finding fact adhere earlier pronouncement thing patented amounts patentable invention question law decided courts mahn harwood see dissenting opinions goodyear tire rubber note williams manufacturing shoe machinery agree however facts found justify holding claims show patentable discovery measured standards announced cuno engineering automatic devices reason concur affirming judgment extent held claims valid