International Brotherhood of Electrical Workers, Local No. 38 v. United States

How later courts describe this case

• “secret uses which are not publicly known or disclosed do not constitute ‘prior art’ under the provisions of 35 U.S.C. §§ 102 and 103”
• "(T)his Court has employed varying statements of the necessary quantum of proof."
• '. . . that section (703(j)) cannot be construed as a ban on affirmative relief against continuation of effects of past discrimination . . .. Any other interpretation would allow complete nullification of the stated purposes of the Civil Rights Act of 1964.'
• remanding to district court for consideration of appropriate affirmative relief