Graver Tank & Manufacturing Co. V. Linde Air Products Co. - Dissent

Dissent

Justice Hugo Black dissented, joined by Justice Douglas. They contended that it is the responsibility of the person seeking the patent to claim everything that the patent covers, and noted that processes exist for a patent to be amended. They asserted that it was the responsibility of the Patent Office to determine the scope of the invention, and it was therefore an intrusion for courts to be expanding the scope of the patent beyond what the Patent Office has determined.

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