Application of Troiel

274 F.2d 944 (1960)

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Application of Troiel

United States Court of Customs and Patent Appeals
274 F.2d 944 (1960)

  • Written by Brett Stavin, JD

Facts

Arthur E. Troiel (plaintiff) applied for a patent for a device intended to cover holes or defects in lumber used in structures for pouring concrete. The device was described as a hole cap, consisting of a disk with concentric circles of triangular tabs pushed out to extend from one side of the disk. When driven into lumber, the disk concealed holes and imperfections, making it less likely for concrete to escape the form and improving the smoothness of the concrete surface. Troiel also designed the disk as being potentially made from magnetic material, such that it could be held using a magnetic tool. The disk could then be driven into the wood by striking the magnetic tool. The patent examiner rejected Troiel’s application. The examiner found that the device was similar to various other patents. The Spreen patent related to a rectangular piece of metal for concealing imperfections in wood used for concrete forms, but the triangular tabs were not arranged in concentric circles. The Stowe patent related to an anchoring device consisting of a disk with triangular tabs striking out from both sides, designed to be driven into a wooden floor of a car or wagon so as to prevent crates from sliding on the floor. The Sampson patent related to a device for fastening electrical conductors to a panel. The Buchner et al. and Brown patents related to wood-penetrating tabs with serrated tangs. The examiner found that Troiel’s invention was a modification of the Spreen patent that combined other patented art in expected ways that would be obvious to those with the relevant skill. The Patent Office Board of Appeals affirmed the examiner’s rejection of Troiel’s claims, and Troiel appealed to the United States Court of Customs and Patent Appeals.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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