(Download) "Smith v. Corporation." by United States Court of Appeals for the Third Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Corporation.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 05, 1942
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
This appeal is from a decree entered by the District Court in favor of the defendant in a suit under R.S. 4915, 35 U.S.C.A. 63, to obtain a patent. The plaintiffs had been junior party in an interference proceeding in the Patent Office where the issue involved was the right to priority of invention as limited and defined by the counts in interference. The Examiner of Interferences awarded priority of invention to the defendants assignor and the Board of Appeals in the Patent Office affirmed the Examiners decision. Instead of appealing from the Patent Office decision to the United States Court of Customs and Patent Appeals, the plaintiffs elected to sue in the District Court under R.S. 4915 in the hope of obtaining a decree directing the issuance of a patent to them. On the record in the interference proceeding in the Patent Office, which was offered in evidence, and after hearing an expert witness called by the plaintiffs, the learned judge of the District Court held that the evidence adduced by the plaintiffs did not produce the thorough conviction of error necessary to overcome the findings of the Patent Office tribunals and, on the authority of Morgan v. Daniels, 153 U.S. 120, 125, 14 S. Ct. 773, 38 L. Ed. 657, dismissed the plaintiffs complaint. The controversy arose under the following circumstances.
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