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Supreme Court of the United States
March 30, 1950, Argued ; May 29, 1950, Decided
 [*606] [**855] [***1101] MR. JUSTICE JACKSON delivered the opinion of the Court.
Linde Air Products Co., owner of the Jones patent for an electric welding process and for fluxes to be used therewith, brought an action for infringement against Lincoln and the two Graver companies. The trial court held four flux claims valid and infringed and certain other flux claims and all process claims invalid. 75 U. S. P. Q. 231. The Court of Appeals affirmed findings of validity and infringement as to the four flux claims but reversed the trial court and  held valid the process claims and the remaining contested flux claims. 167 F.2d 531. We granted certiorari, 335 U.S. 810, and reversed the judgment of the Court of Appeals insofar as it reversed that of the trial court, and reinstated the District Court decree. 336 U.S. 271. Rehearing was granted, limited to the question of infringement of the four valid flux claims and to the applicability of the doctrine of equivalents to findings of fact in this case. 337 U.S. 910. [****4]
[*607] At the outset it should be noted that the single issue before us is whether the trial court's holding that the four flux claims have been infringed will be sustained. Any issue as to the validity of these claims was unanimously determined by the previous decision in this Court and attack on their validity cannot be renewed now by reason of limitation on grant of rehearing. The disclosure, the claims, and the prior art have been adequately described in our former opinion and in the opinions of the courts below.
] In determining whether an accused device or composition infringes a valid patent, resort must be had in the first instance to the words of the claim. If accused matter falls clearly within the claim, infringement is made out and that is the end of it.
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339 U.S. 605 *; 70 S. Ct. 854 **; 94 L. Ed. 1097 ***; 1950 U.S. LEXIS 2608 ****; 85 U.S.P.Q. (BNA) 328
GRAVER TANK & MFG. CO., INC. ET AL. v. LINDE AIR PRODUCTS CO.
Subsequent History: Rehearing denied by Graver Tank & Mfg. Co. v. Linde Air Products Co., 340 U.S. 845, 71 S. Ct. 12, 95 L. Ed. 620, 1950 U.S. LEXIS 1801 (Sept. 1, 1950)
Prior History: [****1] ON REHEARING.
The history of the case is summarized in the first paragraph of the opinion. On the aspect of the case involved in the rehearing, the prior decision of this Court is adhered to, p. 612.
Graver Tank & Mfg. Co. v. Linde Air Products Co., 336 U.S. 271, 69 S. Ct. 535, 93 L. Ed. 672, 1949 U.S. LEXIS 3041, 1949 Dec. Comm'r Pat. 527 (Feb. 28, 1949)
patent, manganese, infringement, flux, silicate, composition, patentee, welding, metal, doctrine of equivalents, invention, trial court, alkaline earth, specifications, prior art, cases, ingredient, magnesium, literal, circumstances, disclosures, substituted, monopoly, calcium
Patent Law, Infringement Actions, Claim Interpretation, General Overview, Doctrine of Equivalents, Elements, Equivalence, Utility Patents, Product Patents, Machines, Civil Procedure, Appeals, Standards of Review, Clearly Erroneous Review, Questions of Fact & Law, De Novo Review, Trials, Jury Trials, Province of Court & Jury, Evidence, Testimony, Credibility of Witnesses