Babcock v. Degener

Citations

• 1 MacA. Pat. Cas. 607
• 2 F. Cas. 293

Syllabus

<p>Patentee in interference may appeal to the judge. — Under the eighth section of the act of 1836 a patentee has equal right of appeal from a decision of the Commissioner in favor of an applicant to one of the judges of the Circuit Court of the District of Columbia that ah applicant for a patent has under the same section from an adverse decision in favor of a prior patentee.</p> <p>Abandonment means abandonment to the public. — The true meaning of the word abandonment, as used in the acts of Congress relating to patents, is an abandonment of the invention to the public — a dedication of his discovery to the free use of his fellow-beings. It is, as said by Judge Story, “ like the dedication of a public way or other easement, and is to be proved in the same manner by evidence of some acts inconsistent with the retention of the exclusive property himself; and in this regard his acts are to be construed liberally.”</p> <p>Sm — Withholding invention from public not abandonment. — -Merely withholding an invention from the public can never amount to abandonment, however it may, if too long continued, increase the difficulties in the way of proving priority of invention over another inventor. It may raise up an equity in favor of the junior discoverer which will call for the fullest measure of proof on the part of the first inventor to dispel the cloud of distrust with which he has thereby enveloped his case, but of itself it cannot defeat his right.</p> <p>Pomeroy v'. Connison (ante, p. 40) considered and disapproved.</p>