# In re Earle

> Court of Customs and Patent Appeals · March 6, 1939 · 102 F.2d 232

URL: https://www.frixlaw.com/law-library/cases/6817130

## Case

- **Full name:** In re Earle
- **Court:** Court of Customs and Patent Appeals
- **Decided:** March 6, 1939
- **Citations:** 102 F.2d 232; 26 C.C.P.A. 974; 41 U.S.P.Q. (BNA) 24; 1939 CCPA LEXIS 114
- **Precedential status:** Published
- **Opinion:** Concurrence by Hatfield
- **Judges:** Bland, Gabrett, Hatfield, Hatífield, Jackson, Lenboov, Leneoot
- **Cited by:** 8 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6817130

## Opinion text

Hatfield, Judge,
specially concurring:
I am unable to agree with the views expressed in the majority opinion that the question of substitution of materials can be divorced from the question of invention. Considering the facts and circumstances of record, I think appellant has done something more than merely substitute a transparent housing, such as glass, for an opaque housing, such as porcelain.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6817130. Public record. Not legal advice.