American Cyanamid Co. v. Coe

STEPHENS, Associate Justice.

This is an appeal from an order of the District Court of the United States for the District of Columbia dismissing a bill of complaint after a hearing on the merits. The bill was filed by the appellants under Rev.Stat. § 4915, 35 U.S.C.A. § 63, to secure an' order authorizing the appellee Commissioner of Patents to issue a patent to the appellant American Cyanamid Company. The trial court ruled that the plaintiffs were estopped to assert the claims herein because they failed to assert them, under Patent Office Rule 109, in an interference proceeding. The rule…