[DOWNLOAD] "Eutectic Corp. v. Metco Inc." by United States Court of Appeals for the Second Circuit * eBook PDF Kindle ePub Free

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eBook details

• Title: Eutectic Corp. v. Metco Inc.
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 17, 1978
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Plaintiffs-appellees, Eutectic Corporation, et al., petition for rehearing on the ground that this court improperly substituted its own interpretation of the crucial phase diagram for that of the court below. It is claimed that this court not only erred in assuming a competence to interpret this technical document, but also misinterpreted it and reached an erroneous metallurgical conclusion, thus misconstruing the patent claims. However, the phase diagram was not read by the court in the vacuum the petition suggests. The court's reading was in the light of, and credited, petitioner Eutectic's own expert testimony to the effect that with 5% aluminum, some intermetallic compound will be formed, and the requisite heat generated (see opinion, notes 13-14). While on this petition for rehearing we need not decide whether it is appropriate to permit the record in this court to be supplemented by the four affidavits of metallurgists annexed to the petition, it is significant that two of them do not deny that there will be at least some formation of an intermetallic compound with a 5% aluminum ratio. This is consistent with the said testimony of Eutectic's own expert on the trial (note 14).

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