Legal Opinion
Smith v. Kingsland, Commissioner of Patents
Court of Appeals for the D.C. Circuit
Decided September 6, 1949No. 9660PublishedCited by 7 opinions
1Opinion of the Court
WILBUR K. MILLER, Circuit Judge.
Forrest H. Smith appeals from a judgment of the United States District Court for the District of Columbia which refused relief in his suit to obtain a patent, brought under § 4915 of the Revised Statutes, 35 U.S.C.A. § 63. The District Court held that “The claims at bar are for the same invention as claim 2 of plaintiff’s patent 2,051,348, and are unpatentable in the application at bar, because to allow said claims would result in double patenting.” Patent No. 2,051,348 was issued to Smith in 1936 pursuant to an application made in 1930.
Smith’s application,…
2Cases cited32 opinions
- Eibel Process Co. v. Minnesota & Ontario Paper Co.Supreme Court of the United States · 1923
- Miller v. Eagle Manufacturing Co.Supreme Court of the United States · 1894
- Schriber-Schroth Co. v. Cleveland Trust Co.Supreme Court of the United States · 1940
- Alexander Milburn Co. v. Davis-Bournonville Co.Supreme Court of the United States · 1926
- Electric Storage Battery Co. v. ShimadzuSupreme Court of the United States · 1939
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3Cited by7 opinions
- Application of ColemanCourt of Customs and Patent Appeals · 1951
- Application of William G. Baird, Jr., Carl A. Lindstrom, Jr., Arthur L. Besse, Jr., and Donald J. D'EntrEmontCourt of Customs and Patent Appeals · 1965
- Shell Development Co. v. Pure Oil Co.District Court, District of Columbia · 1953
- Ellis-Foster Co. v. Reichhold Chemicals, Inc.Court of Appeals for the Third Circuit · 1952
- In Re MuskatCourt of Customs and Patent Appeals · 1951
2 more not listed; retrieve them via the Exa API.