Blackinton v. Douglass

Citations

• 1 MacA. Pat. Cas. 622
• 3 F. Cas. 537

Syllabus

<p>Reasons of appeal — form of — vague and indefinite. — A reason of appeal “ that the decision rejecting the application was against the evidence and the weight of evidence ” is entirely too vague and indefinite to be considered within the provisions of the eleventh section of the act of 1839 as a substantive reason of appeal, “ specifically set forth in writing.”</p> <p>Sm — Sm.—No assignment of error can be regarded as sufficiently specific which does not point out the precise matter of alleged error with reasonable certainty.</p> <p>Limit of appeal — may be enlarged. — When the appeal in other respects had pursued its regular course, but it appeared that the “reasons of appeal” were filed a few days after the expiration of the limit of appeal, it was assumed by the judge that the Commissioner, in the exercise of his discretion, had enlarged the limit of appeal.</p> <p>Public use or sale — corsets—testimony in interference. — When it appeared from the testimony submitted in an interference that the applicant in the case — the other party being a patentee — had permitted several persons to make, for their own personal use and wear, corsets embracing his invention, without restriction or reservation, for more than two years before his application was filed: Held, That his application was barred under the law by reason of public use, and that it was unnecessary under such circumstances to determine the question of priority of invention.</p>