Universal Oil Products Co. v. Globe Oil & Refining Co., 322 U.S. 471 (1944)

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Universal Oil Products Co. v. Globe Oil & Refining Co.


No. 392


Argued March 3, 1944
Decided May 29, 1944
322 U.S. 471

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SEVENTH CIRCUIT

Syllabus

1. In resolving a conflict between Circuit Courts of Appeals which, as to the same patent and upon substantially the same facts, reached conflicting conclusions as to infringement, this Court will reexamine concurrent findings of the District Court and the Circuit Court of Appeals. P. 473.

2. Patent No. 1,392,629, to Dubbs, for a process for producing gasoline and other lighter oils from heavy crude oils, held not infringed by a process which, in the step corresponding to the B tubes of Dubbs, relies upon substantial vaporization. P. 484.

"Without substantial vaporization," as used in the Dubbs patent, means that the generation and release of vapors in the B tubes is to be avoided so that the charge will enter the C tubes for cracking as nearly as may be in the liquid phase. P. 482.

3. Egloff Patent No. 1,537,593, for an improvement on the Dubbs process for producing lighter from heavier oils, held invalid for want of invention. P. 486.

137 F.2d 3 affirmed.

Certiorari, 320 U.S. 730, to review a judgment which, on appeal from a judgment of the District Court, 40 F.Supp. 575, in a suit for infringement of patents, held the patents not infringed.