In re Capen
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents rejecting certain claims in an application for patent. The facts are stated in the opinion.
1Opinion of the CourtJustice Robb
Appeal from a -final decision of the Patent Office refusing a patent on certain claims. An interference was formerly declared between- this application and applications of William H. *343Lieber and Simonds & Smith. The interference involved five counts. On motion to dissolve as to appellant, Thomas W. Capen, the examiner held that count 4 was unpatentable, and that appellant was not entitled to make the other counts. All parties acquiesced in the decision as to count 4, and the decision as to the other counts was affirmed by the Examiners in Chief, whose decision was in turn affirmed by the First…
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