Dewey & Almy Chemical Co. v. Mimex Co., Inc., 124 F 2d 986 (1942) (U.S. Court of Appeals for the Second Circuit)

Case Description

The United States Court of Appeals for the Second Circuit held that a prior art to be an anticipation must bear within its four corners adequate directions for the practice of the patent. If the earlier disclosure offers no more than a starting point for further experiments, if its teaching will sometimes succeed and sometimes fail, if it does not inform the art without more how to practice the new invention, it has not correspondingly enriched the store of common knowledge, and it is not an anticipation.

Decision Year
Pre-grant flexibilities