Edward J. Brenner, Commissioner of Patents v. Robert J. Ebbert and Design Products Corporation

TAMM, Circuit Judge.

This case concerns a question of procedure in the Patent Office. After applying for a patent, appellee Ebbert received from the Patent Office a notice of allowance, dated April 21, 1966. It was captioned “NOTICE OF ALLOWANCE AND ISSUE FEE DUE,” and among other things stated: “With the allowance of the application, the above indicated Issue Fee becomes due and payment must be made within three months of the date of this Notice or the Patent will become abandoned (forfeited).” (Emphasis supplied.) Joint Appendix at 54. The issue fee was not paid within three months because…