McCormick Harvesting MacHine Co. v. Aultman
Supreme Court of the United States
CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. This was a question certified to this court by the Circuit Court of Appeals for the Sixth Circuit, involving the authority of á primary examiner of the Patent Office to reject as invalid claims of an original patent which were incorporated in an application for a reissue.
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CERTIFICATE FROM THE CIRCUIT COURT OF APPEALS FOR THE SIXTH CIRCUIT. This was a question certified to this court by the Circuit Court of Appeals for the Sixth Circuit, involving the authority of á primary examiner of the Patent Office to reject as invalid claims of an original patent which were incorporated in an application for a reissue. It appears that the McCormick Harvesting Machine Company filed a bill in equity in the United States Circuit Court for the Northern District of Ohio against C. Aultman et al., and also one against the Aultman-Miller Company, in each of which it was sought…
1Opinion of the CourtJustice Brown
The validity of the claims in question' depends upon the view taken of the action of the examiner in rejecting them when incorporated in an application for a reissue of the patent, upon the ground that the claims were wanting in patentable novelty, as evidenced by prior patents cited by him. No appeal was taken from this decision, and the matter lay in abeyance for nearly two years before the plaintiff corporation, which had in the meantime become the owner of the patent, abandoned the application for a reissue and requested and obtained from the Patent Office the return of the original…
2Cases cited15 opinions
- Seymour v. OsborneSupreme Court of the United States · 1871
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- United States v. SchurzSupreme Court of the United States · 1880
- Moore v. RobbinsSupreme Court of the United States · 1878
- United States v. American Bell Telephone Co.Supreme Court of the United States · 1888
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