Charles Evans Whittaker

“ It is admitted that petitioners know that the purchasers intend to use the fabric for replacement purposes on automobile convertible tops which are covered by the claims of respondent's combination patent, and such manufacture and sale with that knowledge might well constitute contributory infringement under § 271 (c) , if, but only if, such a replacement by the purchaser himself would in itself constitute a direct infringement under § 271 (a) , for it is settled that if there is no direct infringement of a patent there can be no contributory infringement. ”

“ We cannot agree. For if anything is settled in the patent law, it is that the combination patent covers only the totality of the elements in the claim and that no element, separately viewed, is within the grant. ”

“ The patent-one for a 'Convertible Folding Top with Automatic Seal at Rear Quarter'-covers the combination, in an automobile body, of a flexible top fabric, supporting structures, and a mechanism for sealing the fabric against the side of the automobile body in order to keep out the rain. Tops embodying the patent have been installed by several automobile manufacturers in various models of convertibles. The components of the patented combination, other than the fabric, normally are usable for the lifetime of the car, but the fabric has a much shorter life. ”

“ The Court of Appeals found that the fabric 'is not a minor or relatively inexpensive component' of the patented combination, or an element that would expectedly wear out after a very short period of use although its 'expectable life span' is shorter than that of the other components-and, for these reasons, concluded that 'an owner would (not) rationally believe that * * * he was making only a minor repair' in replacing the worn-out fabric, but that, instead, the replacement 'would be counted a major reconstruction.' 270 F.2d at page 205. ”

“ The consequent demand for replacement fabrics has given rise to a substantial industry, in which petitioner, Aro Manufacturing Co., is a national leader. It manufactures and sells replacement fabrics designed to fit the models of convertibles equipped with tops embodying the combination covered by the patent in suit. ”

“ Co. v. Linde Air Products Co., 336 U.S. 271, 277, 69 S.Ct. 535, 538, 93 L.Ed. 672; Universal Oil Products Co. v. Globe Oil & Refining Co., 322 U.S. 471, 484, 64 S.Ct. 1110, 1116, 88 L.Ed. 1399; Milcor Steel Co. v. ”