Smith v. Flickenger

Citations

• 1 MacA. Pat. Cas. 46
• 22 F. Cas. 548

Syllabus

<p>Ineormab depositions — commissioner mat inspect. — Where a deposition was not transmitted in due form, so that it could be considered at the day of hearing under the rules of the Patent Office, the Commissioner was, nevertheless, at liberty to inspect the deposition and to postpone the hearing, if he deemed it essential to the ends of justice to permit an informality to be corrected.</p> <p>Sm — Sm—not to be considered as evidence. — The prohibition contained in the rule is not to the Commissioner's looking into the deposition thus informally transmitted, or to his reading it and ascertaining its contents, but to his considering- it on the day of hearing as evidence touching- the matter at issue.</p> <p>Commissioner may postpone hearing upon his own motion. — There is nothing in the laws relating to the Patent Office, or in the rules adopted by the Commissioner, to prevent him from postponing, upon his own motion, the hearing of a cause, if in his opinion the justice of the case should require it, and especially for the correcting of irregularities in matters of form. To deny him this power would be to stifle justice in her own forms.</p> <p>Insufficiency of notice of taking testimony — not a ground of appeal.— The objection to the insufficiency of the notice of taking testimony must be made at the hearing; otherwise, it appears, it is no ground of appeal.</p> <p>Sufficient notice. — A notice of eleven days before taking testimony at a distance of'four hundred miles considered reasonable.</p>