Legal Opinion

In re Bastian

Court of Appeals for the D.C. Circuit

Decided February 7, 1916No. 984PublishedCited by 2 opinions

Hearing on an appeal from a decision of tbe Commissioner of Patents rejecting certain claims in an application for a patent. Tbe facts are stated in tbe opinion.

1Opinion of the CourtJustice Van Orsdel

delivered tbe opinion of tbe Court:

Tbis appeal is from a decision of tbe Commissioner of Patents rejecting as unpatentable certain claims for electric lamps of tbe character known as vapor lamps, or vapor arc lamps.

Tbe rejection was based upon a British patent to appellants of 1903, which concededly contained tbe subject-matter of tbe appealed claims. A provisional application for tbe British patent was filed more than one year prior to tbe date of filing tbe present application, which, it was held, renders tbe British patent a bar to tbe granting of a patent on tbe appealed claims. U. S.…

2Cases cited1 opinion

  1. Potter v. DixonU.S. Circuit Court for the District of Southern New York · 1863

3Cited by2 opinions

  1. Application of SmythCourt of Customs and Patent Appeals · 1951
  2. Woburn Degreasing Co. v. Spencer Kellogg & Sons, Inc.District Court, W.D. New York · 1941

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