Standard Brands, Inc. v. National Grain Yeast Corp., 308 U.S. 34 (1939)

Standard Brands, Inc. v. National Grain Yeast Corp.


No. 9


Argued October 12, 1939
Decided November 6, 1939
308 U.S. 34

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE THIRD CIRCUIT

Syllabus

1. Patent No. 1,449, 103, to Hayduck, for a process of propagating yeast in a nutrient solution, with aeration and neutralization of excess of the acidity liberated from the components of the solution, is invalid for want of invention over the prior art. P. 36.

2. Patent No. 1,449, 105, to Hayduck, for a process of propagating yeast with a relatively low yield of alcohol by initiating the propagation in a highly diluted portion of the wort, aerating that portion, and adding during the period of propagation the wort of higher concentration at a rate such that the concentration of the diluted wort remains substantially constant, whereby substantially all of the alcohol which may be formed is assimilated -- is invalid for want of sufficient disclosure. P. 37.

3. Patent No. 1,449, 106, to Hayduck for a combination of the processes of the above-mentioned two patents is likewise invalid -- the combination requires nothing beyond the skill of the art. P. 38.

101 F.2d 814, affirmed.

Certiorari, 306 U.S. 627, to review a judgment holding three patents invalid on an appeal from a decree of the District Court by which one of them was adjudged valid and the others not, 21 F.Supp. 46.