Gams v. Coe

This is an appeal from a decree of the District Court dismissing a bill in equity brought under Section 4915, R.S. (U.S.C., tit. 35, § 63, 35 U.S.C.A. § 63),-to obtain a patent. The bill was dismissed on the ground that plaintiffs had filed in the Patent Office notice of appeal from the board of appeals of the Patent Office to the United States Court of Customs and Patent Appeals.

The pertinent portions of -U.S.C., tit. 35, U.S.C.A. tit. 35, are these:

Section 59a: “If any applicant is dissatisfied with the decision of the board of appeals, he may appeal to the United States Court of Customs…