Kirby v. Replogle
Court of Appeals for the D.C. Circuit
.Appeal from the Commissioner of Patents. Interference proceeding between James B. Kirby and Daniel B. Replogle. From a decision of the Commissioner of Patents, awarding priority on two counts to Replogle and dissolving the interference as to the other four counts, Kirby appeals. . Reversed as to two of the counts as to which the interference was dissolved, and affirmed as to the other counts.
1Opinion of the Court
VAN ORSDEL, Associate Justice.
This is a companion case to Replogle v. Kirby (No. 1327) — App. D. C. —, 269 Fed. 862, decided this day. The cases were heard together. It is unnecessary to set out the counts of the issue, inasmuch as, with the exception of one point hereafter considered, we approve the disposition of the case made by the Commissioner of Patents. The issue is in six counts. The Commissioner awarded counts 2 and 3 to Replogle, and dissolved the interference as to counts 1, 4, 5 and 6. The Commissioner, however, in his opinion states Fiat—
“Counts 5 and 6 are clearly unpatentable…
2Cases cited1 opinion
- Replogle v. KirbyCourt of Appeals for the D.C. Circuit · 1921
3Cited by1 opinion
- Replogle v. RayCalifornia Court of Appeal · 1941