General Tire & Rubber Co. v. Dominion Rubber Co. et al.

General Tire & Rubber Co. v. Dominion Rubber Co. et al.

Applying the known latex masterbatching method to high Mooney cold rubber at the latex stage to co-coagulate oil and carbon black produced a new and commercially significant result and was not obvious to persons skilled in the art; Dominion (Howland) first conceived and disclosed that application in December 1947, therefore Dominion is entitled to claims C5 and C6 while claims C4 and C9 are not inventively distinguishable from C5 and are unpatentable.

Citation
[1967] SCR 664
Parties
Appellant / Plaintiff: The General Tire & Rubber Company; Respondent / Defendant: Dominion Rubber Company Limited; Respondent / Defendant: Phillips Petroleum Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 June 1967
Procedural Posture
Patent Conflict Proceedings (section 45 Patent Act) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada; Final Disposition on Appeal
Outcome
Appeal dismissed
Legal Topics
Patentability, Inventive Step / Obviousness, Priority (first to Invent), Conflict Proceedings Under Section 45, Claims Construction
Source Language
English
Intellectual Property Patent Law Patentability Inventive Step / Obviousness Priority (first to Invent) Conflict Proceedings Under Section 45 Claims Construction

Case Brief

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Parties

The General Tire & Rubber Company

Appellant / Plaintiff

Dominion Rubber Company Limited

Respondent / Defendant

Phillips Petroleum Company

Respondent / Defendant

Procedural Posture

Patent Conflict Proceedings (section 45 Patent Act) / Appeal to the Supreme Court of Canada From the Exchequer Court of Canada; Final Disposition on Appeal

Legal Issues

  1. 1 Whether applying a known process (latex masterbatching) to a known material (high Mooney cold rubber) constituted a patentable invention
  2. 2 Whether Dominion (Howland) was first to conceive the invention for priority under s.45
  3. 3 Whether claims C4, C5, C6 and C9 were patentable and distinct (inventively distinguishable)

Ratio Decidendi

Applying the known latex masterbatching method to high Mooney cold rubber at the latex stage to co-coagulate oil and carbon black produced a new and commercially significant result and was not obvious to persons skilled in the art; Dominion (Howland) first conceived and disclosed that application in December 1947, therefore Dominion is entitled to claims C5 and C6 while claims C4 and C9 are not inventively distinguishable from C5 and are unpatentable.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Judgments of the Exchequer Court affirmed