Arnold v. Bishop

Citations

• 1 MacA. Pat. Cas. 27
• 1 F. Cas. 1165

Syllabus

<p>Rules of me commissioner binding as the law. — Rules made by the Commissioner in conformity with the law, while they remain unabrogated, are as binding upon the Commissioner as the law itself.</p> <p>Revocation op rules not retroactive. — After a deposition has been taken while the rules were in force, the dispensation of the Commissioner cannot affect that deposition ; a revocation of the rules can only affect subsequent proceeding's.</p> <p>Informal testimony rejected. — Evidence rejected which was not taken in accordance with a rule that jirovided that all evidence shall be sealed up and addressed to the Commissioner of Patents by the persons before whom it was taken, and so certified thereon.</p> <p>Effect of a rule considered. — A rule which says “that no evidence, statement, or declaration touching the matter at issue will be considered upon the day of hearing which shall not have been taken and filed in compliance with these rules,” is a restraint imposed upon the Commissioner himself as much as if the very words of the rule had been contained in the statute.</p> <p>Interest — not affected by result of controversy. — The interest of a witness in the matter in controversy not objectionable when his relations to the parties are such that his interest will remain unaffected by any issue of the suit.</p> <p>Shortness of notice — waived by appearance. — Objection to shortness of the notice of taking testimony is waived by appearance at place of examination and cross-examination of the witnesses.</p> <p>Sole and joint invention defined. — neither can obtain a sole patent. — -The man who reduces to practice the theory of another, who assists in the reduction of it to practice, cannot be considered as the sole inventor of the machine. The invention consists both of the discovery of the principle and the reduction of it to practice; in such a case neither party can be considered as sole inventor.</p> <p>Application barred by public use. — Under the provisions of se