Wilbur-Ellis Co. v. Kuther, 377 U.S. 422 (1964),[1] is a United States Supreme Court decision that extended the repair-reconstruction doctrine of Aro Mfg.

[3] Wilbur-Ellis tried to persuade Kuther, the patent owner, who had originally made and sold the machines, to refurbish them but met with no success.

The patent did not cover the size of the cans or of the sardines, and Wilbur-Ellis did not replace all of the parts of the machine.

[5] Although the machines were in poor condition, they were not worn out or "spent"--"they had years of usefulness remaining though they needed cleaning and repair.

Justice John Marshall Harlan II dissented on the basis of the opinion of the lower court.