Perry v. Cornell

Citations

• 1 MacA. Pat. Cas. 66

Syllabus

<p>Evidence- — notice—waiver.—Depositions taken without notice cannot be read in evidence unless the other party has waived his right to notice and agreed to admit them into the case.</p> <p>Sat- — Sai.—A notice from the other party to have the depositions produced before a commissioner for inspection is not a waiver of the right to notice, nor is an offer to have the witness again before the commissioner for cross-examination and the refusal to cross-examine when so produced. The party- has a right to be present at the direct examination-in-chief.</p> <p>Officer of the patent office at hearing. — An officer of the Patent Office may attend the hearing before the judge for the purpose of explaining the decision of the Commissioner. He cannot be considered, however, as counsel for'the Commissioner, nor as advocate for either of the parties litigant.</p>