Greenough v. Clark

Citations

• 1 MacA. Pat. Cas. 173
• 10 F. Cas. 1176

Syllabus

<p>Limitation op right op appeal —-No apjieal from the decision of the Commissioner can be considered unless the reasons of appeal were filed within the specified time.</p> <p>Limit op appeal aissolute — motion to rehear does not extend. — After the expiration of the time set by the Commissioner, under authority of section 11, act of 1839, for filing the reasons of appeal, the right of appeal is gone, nor will the pendency of a motion to rehear the case of itself enlarge the time for filing- the reasons of appeal without a special order by the Commissioner to that effect.</p> <p>Petition por appeal — pounded on reasons op appeal. — The filing of the reasons of appeal is essentially the appeal itself. The judge cannot take cognizance of a case until the aggrieved party presents to him his petition for a revision on appeal, which petition, according to the law, must be predicated upon .the reasons of appeal filed with the Commissioner in due form..</p> <p>Notice op appeal — suspends proceedings. — On receiving notice from the party of his intention to appeal, it becomes the duty of the Commissioner, and his exclusively, to fix a reasonable time for filing the reasons; wjthin which time all further action upon the application within the Office is to be suspended, and within which time the reasons of appeal must be filed, unless for good cause shown the Commissioner directs the time to be enlarged.</p> <p>Time op appeal may he enlarged. — The power to enlarge the time for filing the reasons of appeal,, and to rehear the case, remains with the Commissioner not only until the patent issues, but until it is actually delivered; after which his power over the case is exhausted.</p> <p>Right op appeal lost. — The time for filing the reasons of appeal having expired, pending a motion before the Commissioner to rehear the case, the motion having- been denied and a patent issued to the successful party, the right of appeal is lost.</p>