Svenson v. Coe

EDGERTON, Associate Justice.

Appellant filed in the District Court his petition for mandamus to require the Commissioner of Patents to hold “public-use proceedings” in connection with certain interference proceedings involving patents of appellant1 and an application of one Alden. This appeal is from the dismissal of that petition.

In the Patent Office, the primary examiner reported that a prima facie case of public use was made out against Alden. The Commissioner reversed that finding, and decided not to hold public-use proceedings. No statute requires or mentions such proceedings. Rule 11 of…