Westinghouse v. Hien
Court of Appeals for the Seventh Circuit
Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. This is an appeal from a decree of the Circuit Court dismissing on demurrer appellants’ bill as amended, because, as the Circuit Court held, it was brought prematurely. The question relates entirely to the Patent Office practice as to appeals in interference cases.
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Appeal from the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. This is an appeal from a decree of the Circuit Court dismissing on demurrer appellants’ bill as amended, because, as the Circuit Court held, it was brought prematurely. The question relates entirely to the Patent Office practice as to appeals in interference cases. The action was brought to rescind a contract for the sale of rights claimed under applications for patents for inventions in friction draft and buffing apparatus. The bill was filed February 1, 1006, and prays for a…
1Opinion of the CourtSanborn, District Judge
(after stating the facts as above). The question whether appellants are entitled to relief in any court . was fully argued on the hearing, but at this stage the only question necessary to be considered is whether the Circuit Court was right in dismissing the bill as prematurely brought. This depends on the statutes relating to the issue of patents, and the rules and practice *939of the Patent Office. When an application for a patent is filed, an officer known as the “Primary Examiner” decides whether the application on its face shows a patentable invention. Rules 95, 96. No appeal lies from his…
2Cases cited1 opinion
- United States Ex. Rel. Lowry & Planters Compress Co. v. AllenSupreme Court of the United States · 1906
3Cited by12 opinions
- Gilbert v. General Motors CorporationCourt of Appeals for the Second Circuit · 1943
- Dunkley Co. v. Central California CanneriesCourt of Appeals for the Ninth Circuit · 1925
- W. F. & John Barnes Co. v. International Harvester Co.District Court, N.D. Illinois · 1943
- Mas v. Coca Cola Co.Court of Appeals for the Fourth Circuit · 1952
- Schmertz Wire Glass Co. v. Western Glass Co.U.S. Circuit Court for the Northern District of Illnois · 1910
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