Jones v. Starr

Citations

• 26 App. D.C. 64
• 1905 U.S. App. LEXIS 5327

Syllabus

<p>Patents; Interference; Appeals.</p> <p>1. Where, after the appellee in an interference case has made a motion to dismiss or affirm, the appellant makes a motion to postpone the hearing of such motion until a succeeding term, upon tlie ground that it is necessary to make a certain stipulation and certain testimony a part of the record already filed; and no excuse is advanced for failing to make the stipulation and alleged testimony a part of the record; and appellant’s good faith in making his motion to postpone is open to grave doubt,—the motion will be denied.</p> <p>2. An appeal will not be dismissed because the appellant has availed himself of all the time allowed by the rules for taking and perfecting his appeal, although by so doing he necessarily prevents the hearing of the appeal until after the summer recess of the court.</p> <p>3. A ease must be a very clear one to justify an appellate court in affirming a decision on motion and in advance of the hearing upon the printed record.</p> <p>4. A motion by the appellee in an interference case to affirm the decision of the Commissioner of Patents in advance of the appeal being reached for hearing in regular course in this court was granted, where it appeared that the appellee was entitled to an award of priority upon the record dates of the parties as disclosed by the record; that the record contained no testimony, but showed that the appellant’s testimony was suppressed for irregularities in taking it; and that this court, from no possible viewpoint, would be justified in considering such testimony were it before the court.</p> <p>5. Rules of practice in interference cases are necessary and should not be disregarded; and this court does not sit to review the rulings of the Commissioner of Patents in discretionary matters, or decisions of the Examiner of Interferences, not lawfully appealed from.</p> <p>6. The granting or refusal, by the Commissioner of Patents, of a motion by one of the parties to an interfere