[DOWNLOAD] "Dow Chemical Co. v. Williams Bros. Treating Corp." by Tenth Circuit Circuit Court of Appeals # Book PDF Kindle ePub Free

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eBook details

• Title: Dow Chemical Co. v. Williams Bros. Treating Corp.
• Author : Tenth Circuit Circuit Court of Appeals
• Release Date : January 25, 1936
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

On Petition for Rehearing In the opinion it is stated, arguendo, that the use of an inhibited acid to prevent scale formation had been recommended to the Gypsy Oil Company by scientists of the Mellon Institute. The petition for rehearing advises us that the scientist so recommending was employed directly by the Gypsy, and an argument is made that the experiment was unsuccessful for physical as distinguished from chemical reasons. The voluminous record is confusing, but we do find, buried in a long report, the statement that the scientist in question was a ""chemist in the Gypsy Oil Company's Gelogical Department."" The descriptive phrase ""of the Mellon Research Laboratories"" in the ninth paragraph of the topic ""Invention"" is eliminated. The point remains however, that an experienced scientist recommended an acid treatment which for some reason failed. This circumstance seems to be a fair argument supporting the major proposition that experimentation was necessary to demonstrate that plaintiff's conception was practicable, a proposition to which scientists doubtless would not dissent. The case is a close one; but after considering the petition for rehearing, we adhere to our conclusion that courts should be slow to deny invention to a process which the industry, by immediate and farflung adoption, has acclaimed as new and useful. Experts freely testified that the conception lacked invention; but none satisfactorily explained why some one of the many experts working in the field did not in fact conceive of the idea which has revolutionized the treatment of oil wells to prolong production.

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