Field v. Colman
Court of Appeals for the D.C. Circuit
Hearing on an appeal from a decision of the Commissioner of Patents in an interference case. The Court in the opinion stated the facts as follows: Appellant, Millard F. Field, appeals from the decision of the Commissioner of Patents awarding priority of invention to appellee, Howard D. Colman, for a warp-drawing machine.
Read the full summary
Hearing on an appeal from a decision of the Commissioner of Patents in an interference case. The Court in the opinion stated the facts as follows: Appellant, Millard F. Field, appeals from the decision of the Commissioner of Patents awarding priority of invention to appellee, Howard D. Colman, for a warp-drawing machine. The counts of the interference are as follows: “1. In a warp-drawing machine, a reciprocating drawing-in needle, independently supported warp-thread clamps and mechanism to automatically give a differential feed to said clamps at right angles to the line of reciprocation of…
1Opinion of the CourtJustice Van Oksdel
This appeal turns upon two questions: Can the principle of continuity among successive applications be applied to the three separate applications filed by appellee, so as to permit him to claim the date of filing the first application as his date of constructive reduction to practice? Did the Commissioner *605have legal authority, under sec. 4894 of the Revised Statutes, IT. S. Comp. Stat. 1901, p. 3384, to make the order reviving appellee’s second application?
It should be remembered that at all times between the date of filing the first application, in 1894, and the declaration of the…
2Cases cited12 opinions
- Smith v. Goodyear Dental Vulcanite Co.Supreme Court of the United States · 1877
- Reece Button-Hole Ma. Co. v. Globe Button-Hole Ma. Co.Court of Appeals for the First Circuit · 1894
- Godfrey v. EamesSupreme Court of the United States · 1864
- Badische Anilin & Soda Fabrik v. A. Klipstein & Co.U.S. Circuit Court for the District of Southern New York · 1903
- Victor Talking Mach. Co. v. American Graphophone Co.Court of Appeals for the Second Circuit · 1906
7 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Robert C. Watson, Commissioner of Patents v. Frederick C. Bersworth and the Dow Chemical CompanyCourt of Appeals for the D.C. Circuit · 1958
- Robert C. Watson, Commissioner of Patents v. Frederick C. Bersworth and the Dow Chemical CompanyCourt of Appeals for the D.C. Circuit · 1958