Application of Hack

44 C.C.P.A. 954, 245 F.2d 246, 114 U.S.P.Q. 161 (1957)

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Application of Hack

United States Court of Customs and Patent Appeals
44 C.C.P.A. 954, 245 F.2d 246, 114 U.S.P.Q. 161 (1957)

Facts

Walter Hack applied for a patent on a brazing alloy composed of gold, copper, and nickel. The composition was already disclosed in the prior art, though not for use as a brazing alloy. Hack’s application was directed to the composition as a new product rather than a new use of an existing product. The United States Patent and Trademark Office (PTO) rejected the application. Hack appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Jackson, J.)

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