Question: 1 What factors did the court consider in ruling that

1. What factors did the court consider in ruling that Wagner’s use was public?
2. What is Dunlop’s theory as to why Wagner’s conduct did not make the prior use public?

Wagner was in the business of selling re-covered golf balls and developed a chemical called Surlyn (original discovered by DuPont) as a golf ball cover. Subsequently, Dunlop obtained a patent for Surlyn covered balls and sued RAM for infringement when RAM began to produce the same type of golf balls. RAM defended their use by challenging Dunlop’s patent as invalid because Wagner made the invention 10 years earlier via his sale of many Surlyn covered balls to a group of regular customers. Dunlop countered that Wager had concealed an important ingredient and, thus, had concealed the actual invention from the public.

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