Smith v. Prutton

SIMONS, Circuit Judge.

The appellant being the unsuccessful party to a patent interference proceeding in the Patent Office, filed his bill in equity in the District Court under § 4915, R.S., 35 U.b.C.A. § 63, praying to be adjudged entitled to the count in issue. This he did under compulsion of a notice filed by the appellees with the Commissioner of Patents under 35 U.S.C.A., § 59a, that they elected to have all further proceedings conducted *80as provided in § 63. The controversy was submitted on the Patent Office record supplemented by stipulated facts, and the District Court entered a decree…