Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-Mark and Copyright Cases (Volume 1905)

9781154189605: Decisions of the Commissioner of Patents and of the United States Courts in Patent and Trade-Mark and Copyright Cases (Volume 1905)
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This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1907. Not illustrated. Excerpt: ... a delay of two and a half years In filing the application therefor is not sufficient to destroy the weight of proof of actual reduction to practice, especially where it appears that drawings showing substantially the same construction as the original device were sent to applicant's attorneys more than a year before the application was filed and before any one else had entered the field. Id. 66. Invention Made By Third Party No Ground For Reopening Interfer Ence.--Where it is alleged that one of the parties to an interference testified in another proceeding that the invention was disclosed to him by a third party, Held that if true it cannot change the award of priority so long as he was in possession of the invention before his opponent and that although it might lead to the rejection of his claims if final judgment is in his favor it furnishes no ground for reopening the interference for the admission of further evidence. Dunbar v. Schellenger, 147. 67. Motion To Reopen--Decision Of Examiner Of Interferences Not Dis Turbed On Interlocutory Appeal.--Where the Examiner of Interferences denied a motion to reopen the interference for the purpose of introducing testimony given by one of the parties as a witness in another proceeding and which, it is claimed, tends to discredit his testimony in the present interference, Held that in the absence of a showing of an abuse of discretion by the Examiner of Interferences his decision will not be disturbed on interlocutory appeal; but should it appear on consideration of the entire record on appeal that the decision on priority would be changed the case may be reopened to admit the said testimony. Id. 68. Extending Time Fob Taking Testimony--No Appeal.--Where it ap peared that a substitute attorney because of his unfamiliar...

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