Thomson Spot Welder Co. v. Ford Motor Co., 265 U.S. 445 (1924)

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Thomson Spot Welder Company v. Ford Motor Company


No. 120


Argued December 5, 1923
Decided June 2, 1924
265 U.S. 445

CERTIORARI TO THE CIRCUIT COURT OF APPEALS
FOR THE SIXTH CIRCUIT

Syllabus

1. The question whether an improvement in the arts involved invention or only mechanical skill is a question of fact. P. 446.

2. The rule in this Court to follow concurrent findings of fact made by the district court and the circuit court of appeals unless clear error is shown should not be strictly applied in a case brought here by certiorari to settle a conflict between decisions of two circuit courts of appeals concerning the validity of a patent for an invention. Id.

3. Patent No. 1,046,066 issued December 3, 1912, to Thomson Electric Welding Company, assignee of Harmatta, for improvements in electric welding, viz., for the process known as "spot welding," whereby sheets or plates of metal are welded together in spots, in lieu of riveting --is void for want of patentable invention. P. 448.

281 F. 680 affirmed.

Certiorari to a decree of the circuit court of appeals affirming a decree of the district court which held void a patent and dismissed a bill for infringement.