William O. Douglas

“ The placement of the radiant-heat burner upon the side of a standard bituminous paver is the central feature of respondent's patent. The heater is used in this way for continuous paving along a strip to prevent a cold joint, whereas previously radiant-heat burners had been used merely for patching limited areas of asphalt. The operation of the heater is, however, in no way dependent on the operation of the other equipment on the paving machine. ”

“ The standard paving machine in use prior to respondent's claimed invention combined on one chassis the equipment for spreading and shaping the asphalt, and it is unquestioned that this combination alone does not result in a patentable invention. Petitioner's alleged infringement resulted from its placing of a radiant-heat burner on the front of a standard paving machine, thus allowing its machine to perform the same functions with the same basic elements as those described in respondent's patent. ”

“ We conclude that the section was intended merely as a codification of judicial precedents embracing the Hotchkiss [3] condition, with congressional directions that inquiries into the obviousness of the subject matter sought to be patented are a prerequisite to patentability.' Id., at 17, 86 S.Ct. ”