United States District Court, Northern District of Illinois, E.D
February 21, 1951
HAMILTON MFG. CO.
ILLINOIS SURGICAL SUPPLY ET AL.
The opinion of the court was delivered by: Holly, District Judge.
Plaintiff charges defendants with infringing patent No.
2,267,973 issued to A. Demcak and by him assigned to plaintiff.
Defendant Brooklyn Hospital Equipment manufactures the device
which, it is alleged, infringes the patent and it has assumed the
defense of this action.
The patent in suit relates to an improvement in physicians
examining tables. The principle feature of the alleged invention
as stated in the patent consists of means for mounting a paper
supply roll on the under side of a padded adjustable rest member
of the table, carried directly by the rest member, so that a web
of constantly fresh paper may be drawn over the rest member for
sanitary purposes in any adjusted position of the rest member
while at the same time a portion of the weight of such member is
counter balanced so as to facilitate ready and easy adjustment
This is a combination patent. No new element is involved.
Plaintiff relies solely on the new combination of old elements.
But in the combination these elements neither perform nor produce
any new or different function that theretofore performed or
"The conjunction or concert of known elements must contribute
something; only when the whole in some way exceeds the sum of its
parts is the accumulation of old devices patentable." Great
Pacific Tea Co. v. Supermarket Equipment Corp., 340 U.S. 147, 71
S.Ct. 127, 130. Nothing is contributed here. The whole is not
greater than the sum of its parts. Even before the A. & P. case
cited above, no court, it seems to me, could have held this
patent valid and certainly it cannot now be held valid. The
findings must be for the defendants.
The parties may submit findings of fact and conclusions of law.
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