Tom C. Clark

“ The Wood patent is relied upon by the Government as teaching the substitution of magnesium, as in the Adams patent, for zinc. Wood's patent, issued in 1928, states: 'It would seem that a relatively high voltage primary cell would be obtained by using * * * magnesium as the * * * (positive) electrode and I am aware that attempts have been made to develop such a cell. ”

“ It relates to a nonrechargeable, as opposed to a storage, electrical battery. Stated simply, the battery comprises two electrodes-one made of magnesium, the other of cuprous chloride which are placed in a container. The electrolyte, or battery fluid, used may be either plain or salt water.
The specifications of the patent state that the object of the invention is to provide constant voltage and current without the use of acids, conventionally employed in storage batteries, and without the generation of dangerous fumes. ”

“ The findings, approved and adopted by the Court of Claims, also fully support this conclusion.
Nor is Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 S.Ct. 1143, 89 L.Ed. 1644 (1945) , apposite here. There the patentee had developed a rapidly drying printing ink. All that was needed to produce such an ink was a solvent which evaporated quickly upon heating. Knowing that the boiling point of a solvent is an indication of its rate of evaporation, the patentee merely made selections from a list of solvents and their boiling points. ”

“ Hayes U.S.Patent No. 282,634 (1883) ; Wood U.S.Patent No. 1,696,873 (1928) ; Codd, Practical Primary Cells (London 1929) ; Wensky British Patent No. 49 of 1891; and Skrivanoff British Patent No. 4,341 (1880) .↑ It is interesting to note in this connection that in testing the Adams cell the Signal Corps compared it with batteries of this type. The graphical results of the comparison are shown in respondents' brief, p. 51.↑ The standard text in the art states: 'The best answer to the oft-repeated question: 'How much current can I draw from my standard cell?' is 'None. ”