Carlin v. Goldberg
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents in an interference proceeding. - The Court in the opinion stated the facts as follows: This appeal is from the decision of the Commissioner of Patents in an interference proceeding wherein priority of invention was awarded to appellee, Hyman Eli Goldberg.
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Hearing on an appeal from a decision of the Commissioner of Patents in an interference proceeding. - The Court in the opinion stated the facts as follows: This appeal is from the decision of the Commissioner of Patents in an interference proceeding wherein priority of invention was awarded to appellee, Hyman Eli Goldberg. The application of appellant, Samuel Edward Carlin, was filed December 12, 1904, and that of Goldberg was filed May 28, 1904. Goldberg, being the first to file, is the senior party. When the interference was declared Goldberg, under rule 122 of the Pules of Practice of the…
1Opinion of the CourtJustice Van Orsdel
At the outset, we are confronted with'a question of jurisdic*543tion. The order of the Commissioner appealed from is as follows: “The party Carlin has petitioned that the decision of October 28, 1915, be modified by entering an award of priority. That decision was rendered on appeal by Carlin from a decision of the Examiners in Chief affirming the decision of the Primary Examiner and the Law Examiner granting certain motions to dissolve filed by Goldberg. These motions to dissolve were based on the ground that the Carlin application, as filed, did not disclose any carrying mechanism, and that it…
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