Weston Electrical Instrument Co. v. Empire Electrical Instrument Co.

Citations

• 131 F. 90
• 1904 U.S. App. LEXIS 4875

Syllabus

<p>1. Patents — Renewal of Application in Case of Failure to Pay Fees— Construction of Statute.</p> <p>Under Rev. St. g 4897 [U. S. Comp. St. 1901, p. 3386], which authorizes any person having an interest in an invention for which a patent has been allowed, but who fails to make payment of the final fee within six months after notice of such allowance, to make another application, but provides that “such second application must be made within two years after the allowance of the original application,” but one renewal application may be made; and, even if more are allowable, the final application must be made within two years after the allowance of the first, otherwise a valid patent cannot issue thereon.</p> <p>2. Same — Validity of Reissue — Electrical Conductor.</p> <p>The Weston reissue patent No. 10,945 (original No. 381,305), for an electrical conductor, is void because the original was granted on a third aplication, filed more than two years after the first had been allowed, but which was not issued because of nonpayment of the fee therefor.</p>