Mowry v. Barber

Citations

• 1 MacA. Pat. Cas. 563
• 17 F. Cas. 935

Syllabus

<p>Public use or sale — Jurisdiction oe the Commissioner. — Under the seventh section of the act of 1836, directing the Commissioner to cause an examination to be made of the alleged new invention, and to issue a patent if it shall not appear, inter alia, that the invention had been in public use or on sale with the applicant’s consent or allowance prior to the application, the Commissioner has authority to investigate and determine the question of public use arising in connection with an application for a patent.</p> <p>Withdrawal of application — effect of.— The withdrawal of an application and the return of the fee under the seventh section of the act of . 1839 is a final abandonment of the application, and effects an entire extinction of all protection, saving, and privilege thereunder. Such an application cannot be revived by filing a new application for the same invention. Such new application will not relate back to, or be considered as a revival of, the withdrawn application for the purpose of avoiding the objection of intervening public use.</p> <p>Public use or sale — testimony in interference. — When it appeared from the testimony taken in an interference proceeding that the invention claimed by the applicant had been in public use and on sale for more than two years prior to filing his application: Held, That the Commissioner ■was authorized to reject his application for that reason.</p> <p>Kefusal of application — delivery of the patent. — The jurisdiction of the Commissioner to refuse a patent continues after interference is declared and until the patent is delivered.</p>