Pomeroy v. Connison

Citations

• 1 MacA. Pat. Cas. 40
• 19 F. Cas. 957

Syllabus

<p>Interference — patentee cannot appeal. — In an interference between an applicant and a patentee no appeal can be taken to the judge by the patentee from a decision of the Commissioner favorable to the applicant</p> <p>Proceedings before commissioner initiatory. — The proceedings before the. Commissioner and before the judge are all initiatory, and relate to the question whether a patent shall issue. They cannot affect a patent already granted.</p> <p>Object of appeal — error in refusing patent. — The general object of giving an appeal from the decision of the Commissioner is to correct liis errors in refusing to grant patents for which otherwise there would be no remedy. His error in granting a patent may be corrected by the ordinary tribunals of the country when it is made a subject of litigation and there is no need of a special tribunal for that purpose.</p> <p>Sm — Sm.—There is no section or clause of either of the acts relating to patents which gives a patentee a right of appeal from the decision of the Commissioner granting a patent to another person, unless that right be given by the eighth section of the act of 1836 relating to interferences. Jurisdiction of judge special and limited — section 8 of tee act of 1836.— The power and jurisdiction given by the patent laws to the Board of Examiners and to the judge are special and limited, and must be construed and exercised strictly. The judge can only decide such questions and render such judgment as he is expressly authorized by the statutes to decide and render. In the case stated in the eighth section of the act of 1836 the judge is only to determine “ which, or whether either, of the applicants is entitled to receive a patent as prayed for.”</p> <p>Sm — Sm.—These words qualify the general language of the first part of the section giving to either party the right to appeal, and restrict the right of appeal to the case where patents have been refused as prayed for.</p> <p>Patent granted. — jurisdiction of c