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Brief- Graver vs Linde

Brief- Graver vs Linde - Fact Linde Air Products Co owner...

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Fact: 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 patent under which Unionmelt is made claims essentially a combination of alkaline earth metal silicate and calcium fluoride; Unionmelt actually contains, however, silicates of calcium and magnesium, two alkaline earth metal silicates. Lincolnweld's composition is similar to Unionmelt's, except that it substitutes silicates of calcium and manganese -- the latter not an alkaline earth metal -- for silicates of calcium and magnesium. In all other respects, the two compositions are alike. The mechanical methods in which these compositions are employed are similar. They are identical in operation and produce the same kind and quality of weld. Issue: Whether Lincolnweld committed patent infringement under the doctrine of equivalents by substituting manganese for magnesium.
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